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<br />~ <br /> <br />purposes was taken out of Brush Creek by the town with no legal water <br /> <br />right. It is assumed that the town of Eagle used the Edwards Ditch <br /> <br />Water Right, which has an appropriation date of April 15, 1884 for the <br /> <br />amount of 2.2 c.f.s., for domestic water purposes. However, this his- <br /> <br />torical and traditional use of the Edwards Ditch Water Right from Brush <br /> <br />Creek does not give the town of Eagle the legal claim to the water right. <br /> <br />In 1974 a developer entered into an agreement with the town for the town <br /> <br />to serve water to a proposed subdivision. In exchange, the town of Eagle <br /> <br />received 1.00 c.f.s. from the first enlargement of the Upper Frost Ditch. <br /> <br /> <br />The priority number of the Upper Frost Ditch Water Right is 196, with an <br /> <br /> <br />appropriation date of 1900 for the amount of 2.0 c.f.s. The firm water <br /> <br /> <br />right of 1.00 c.f.s. will yield 0.646 million gallons of water per day. <br /> <br />Assuming that the projected future water demands are the same as those <br /> <br />shown on Table VI,and that the town has made the necessary arrangements <br /> <br />to convert this irrigation water right to a domestic water right and get <br /> <br />a change in the point of diversion, then 1.00 c.f.s. would be adequate for <br /> <br />the town's needs until approximately the year of 1984. Should the water <br /> <br />courts, for some reason, not allow the full 1.00 c.f.s. when the water <br /> <br />right is changed from an irrigation water right to a domestic water right, <br /> <br />it is very unlikely that the Upper Frost Water Right will be adequate for <br /> <br />the present water consumption of the town. <br /> <br />On several occasions prior to the installation of individual water <br /> <br />meters on the system, the water superintendent had to negotiate with the <br /> <br />holders of senior water rights in order to divert water into the Eagle <br /> <br />water system. <br /> <br />. <br /> <br />. <br /> <br />Water Quality <br />The water in Brush Creek is of excellent quality for domestic purposes. <br /> <br />During the spring run-off, there is a problem with silt and suspended colloi- <br /> <br />- 29 - <br /> <br />. <br />