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<br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />November 25, 1885, for a total of 1300 cfs to irrigate 84,497.5 acres of land <br />(based on a rate of 65 acres per second foot). The total right is subdivided as <br />follows: <br /> <br />absolute right for irrigation of 4600 AC . . . <br />conditional right whereby proof of beneficial <br />use must be provided before right can be <br />effective . . . . . . . . . <br /> <br />707.7 cfs <br /> <br />592.3 cfs <br />1300,0 cfs <br /> <br />Total <br /> <br />Further, M.V.I.C. has a decree dated December 22, 1933, allowing year-round use of <br /> <br /> <br />100 cfs for domestic stock water and industrial uses. Montezuma Water Co. is under <br /> <br /> <br />contract to purchase a 10 cfs block of this right, although actual ownership has <br /> <br /> <br />not been transferred. If conditions prevent a direct diversion of the water, 10 <br /> <br /> <br />cfs must be released from Groundhog Reservoir to meet Montezuma Water Co. require- <br /> <br /> <br />ments. Montezuma Water District No. 1 obtains raw water for its domestic system <br /> <br /> <br />from M.V.I.C. in proportion to the 200 shares (approx. 2.5 cfs) owned by the <br /> <br /> <br />district. The Ute Mountain Indians also own 200 shares of M.V.I,C. stock which <br /> <br /> <br />they plan to use as a source of raw water for the Towaoc Area. The M.V.I.C. has <br /> <br /> <br />absolute storage rights in Groundhog, Narraguinnep and Totten Reservoirs, having <br /> <br /> <br />a combined capacity of 44,100 acre-feet. <br /> <br />Bureau of Reclamation project plans are based on an agreement between the Montezuma <br /> <br /> <br />Valley Irrigation Company and Dolores Water Conservancy District providing that the <br /> <br /> <br />company will not significantly expand its agricultural uses of water under existing <br /> <br /> <br />rights. The irrigation company has entered into the agreement in order to permit <br /> <br /> <br />project development. Details of the agreement are presented in the "Definite Plan <br /> <br /> <br />Report",2/ dated April 1977, Chapter VI, page 67, as follows: <br /> <br />"Rights of the Montezuma Valley Irrigation Company are senior to all project rights. <br /> <br /> <br />The Dolorea Water Conservancy District and the irrigation company are negotiating <br /> <br /> <br />an operating agreement that would establish the volume of water that the company <br /> <br /> <br />would divert under its existing rights and thereby ensure an adequate water supply <br /> <br /> <br />for the project. Under the agreement, the company would have the opportunity to <br /> <br />-35- <br />