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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 />As the reservoir season progresses, Fossil Creek Reservoir takes on greater importance as a <br />supply source while Timnath Reservoir is used to carefully balance out main canal flow rates. <br />Depending upon direct river supply, which is usually minimal at this stage of the reservoir <br />season, the reservoir supplies will vary in their contribution, playing a greater role in the dry <br />seasons. As river supplies increase due to summer storm events, reservoir releases are cut <br />back and river decrees are not needed for irrigation. At that time, stockholders orders are <br />then diverted into storage. <br /> <br />A. Water Rights <br /> <br />Decrees. Table IV-l summarizes the history of the water rights and decrees for The New <br />Cache La Poudre Irrigating Company. The initial decree is priority No. 37 for 110 cfs. The <br />second priority No. is 44 for 170 cfs. The third decree is Property No. 72 for 180 cfs and <br />the fourth priority No. is 83 for 121 cfs. An additional 65 cfs was awarded to NCLPIC in <br />court case No. W-8059-75 for a total of 650 cfs. A copy of the [mdings and rulings of this <br />case, which also lists the above decrees, is included in Appendix D. <br /> <br />Table IV-I <br />Summary of Water Rights for NCLPIC <br /> <br />Priority <br /> <br />Adjudication <br />Date <br /> <br />Amount <br /> <br />37 <br />44 <br />72 <br />83 <br />court case no. W-8059-75 <br /> <br />October 25, 1870 <br />September 15, 1871 <br />November 10, 1874 <br />September 15, 1877 <br />May 24, 1977 <br /> <br />11 0 cfs <br />170 cfs <br />184 cfs <br />121 cfs <br />65 cfs <br /> <br />---- <br />---- <br /> <br />650 cfs <br /> <br />The Company does not own any storage rights, only direct diversion rights. Shareholders in <br />the system may own shares in other reservoir companies such as The New Cache La Poudre <br />Reservoir Company, North Poudre Irrigation Company, and others. Deliveries from these <br />other sources are delivered through the canal to shareholders under the direction of the River <br />Commissioner. <br /> <br />Administration. The water right is administered by the Water Commissioner for the <br />Cache La Poudre River system. Based upon discussions with the Commissioner and with The <br />New Cache La Poudre Manager, the water supply at the diversion has been administered as a <br />main channel control structure. That is, the Commissioner only requires that flows below the <br />structure be sufficient to provide for senior right. The senior rights downstream are two <br />decrees to the B. H. Eaton Company for 51.5 cfs and to the Whitney Ditch Company for <br /> <br />PAGE. 2 . ChapterlV <br />