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<br />--: <br /> <br />satisfied and the town can legally take water out of Brush Creek. <br /> <br />The town of Eagle should seriously consider purchasing a lower prior- <br /> <br />ity water right. The Edwards Ditch is probably the most common water right <br /> <br />mentioned when the purchase of water rights is talked about. The Edwards <br /> <br />Ditch has a good water right, that of Priority Number 17 and good for <br /> <br />2.2 c.f.s., or 985.6 GPM. This water right dates back to April IS, 1884. <br /> <br />The Denver and Rio Grande Western Railroad has ceased the use of steam <br /> <br />powered locomotives and has not used its water right. Therefore, it is <br /> <br /> <br />possible that under the State Water Act of 1969, this water right might <br /> <br /> <br />be considered to be abandoned by the state engineer. The abandonment <br /> <br /> <br />would have to be determined by the courts. <br /> <br /> <br />Rights to the Edwards Ditch may be clouded due to the manner in <br /> <br />which the water right was originally conveyed to the people. Clearing <br /> <br />the title to this water right may cost more than the outright purchase <br /> <br />of a water right with a clear title. The town's legal counsel should be <br /> <br />consulted on this matter. Regardless of what is done, the town council <br /> <br />of Eagle owes it to the residents of Eagle to secure a good, low priority' <br /> <br />number water decree on Brush Creek. <br /> <br />The main reason the town of Eagle has not had to satisfy the senior <br /> <br />water rights prior to taking water out of Brush Creek is that the real <br /> <br />need for irrigation water has diminished in the last twenty years. The <br /> <br />land that had been irrigated by Brush Creek water has been transferred <br /> <br />to owners whose main interests lie in areas other than agricultural <br /> <br />products. Irrigation is still going on, but the water requirements are <br /> <br />not as great as the water requirements of previous landowners. However, <br /> <br />water for agricultural purposes is not the only concern. The proposed <br /> <br />energy and energy-related developments, the recent treaty the United <br /> <br />. <br /> <br />. <br /> <br />- 32 - <br />