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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />(2) an intent' to never use it again. These two <br />requirements have not been the case since the North <br />Poudre Irrigation Company has used the right <br />continuously to the Illaximum extent possible and they <br />have never intended to not use the right in the future. <br />However, since the rehabilitated reservoir will only <br />store approximately 1,400 acre-feet of water versus a <br />total decree of 4,095 acre-feet, we believe there is <br />some risk in the futu~e of loss of the excess that can <br />not be stored due to the implied intent not to use the <br />water. <br /> <br />B. <br /> <br />Water Utilization. clark Lake is essentially an off- <br />stream reservoir which is filled from surface water <br />rights from the North Fork of the Cache La Poudre <br />River, Coal Creek, and Box Elder Creek. Water from the <br />Cache La poudre and BOX Elder Creeks are diverted to <br />Clark through North poudre I s system of ditches; Coal <br />Creek on the other hand does flow directly into Clark <br />Lake. <br />Clark Lake is used as a storage reservoir; <br />however, its main fUl1ction in more recent years has <br />been to act as a requlator on the system. Wi th a <br />storage capacity restricted to 533 acre-feet, it has <br /> <br />IV-2 <br />