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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 />presently owned by the Southwest Water Conservation District. The <br />reservoir operation study presented later in this report assumes the full <br />use of this 30 cfs right to fill the reservoir. <br /> <br />The water rights owned by the Town of Pagosa Springs are for direct <br />diversion only. If an alternate. point of diversion is pursued, an <br />application for a storage right in Snowball Reservoir should also be made. <br />The town should maintain its right to continue to divert from the San Juan <br />River, since under the Town's senior water right, diversions could be made <br />from the river when they could not be made from Turkey Creek. <br /> <br />3.6 LEGAL CONSTRAINTS <br /> <br />Five classes of legal constraints need to be considered: <br /> <br />1. Present Turkey Creek rights. <br /> <br />2. <br /> <br />Senior adjudicated rights on the San Juan River. <br /> <br />3. <br /> <br />Unadjudicated Indian reservation claims. <br /> <br />4. <br /> <br />Calls by New Mexico under the terms of Article XIV of the Upper <br />Colorado River Basin Compact. <br /> <br />5. Calls at Lee Ferry under the terms of Article IV of the Upper <br />Colorado River Basin Compact. <br /> <br />Decrees on Turkey Creek which would be senior to project water rights <br />are shown on Figure 3.3. All senior absolute and conditional rights below <br />the Pagosa Springs gage, and senior conditional rights above the gage were <br />included in the operation study. Decrees on the mainstem San Juan senior <br />to project water rights include 225 cfs of conditional water rights above <br />the San Juan at Pagosa gage, and 285 cfs of senior absolute and conditional <br />rights below the gage. In addition, 24,700 acre-feet of storage rights <br />were identified. The total monthly diversion requirement for these rights <br />if fully developed, and the net incremental demand at the Pagosa Springs <br /> <br />3-6 <br />