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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 />The Town has received conditional decrees for storage of water for <br />municipal purposes in the former Vincent Reservoirs Nos. I and 2 <br />(now known as Palisade Reservoirs Nos. 4 and 5). These rights are <br />very junior and would be subject to Colorado River calls unless <br />protected by other replacement supply sources such as Ruedi <br />Reservoir water. <br /> <br />4. <br /> <br />Administration of Water Rights. <br /> <br />The following assessment of water availability was obtained from the <br />reports prepared by Leonard Rice & Assoc. The Town watershed is <br />located in Water District 72 of Irrigation Division 5. Historically, during <br />average or wet streamflow years, Rapid and Cottonwood Creeks have not <br />been administered on strict prior appropriation basis. Typically, all water <br />rights appropriators have received enough water to meet their actual <br />demands. Although there are many decreed water rights in the basin <br />besides those owned by the Town of Palisade, the in-basin use for water is <br />limited primarily by the rugged topography making large scale irrigation <br />impractical. In years when Palisade's direct flow rights exceed the capacity <br />of the water treatment plant, the excess water is released back into Rapid <br />Creek for diversion by downstream users. The Ute Water Conservancy <br />District Treatment Plant (also located adjacent to Rapid Creek), similarly <br />spills its excess water into the creek near the Grapevine Ditch. This <br />operation lessens the "call" on the stream from these rights as against <br />upstream appropriators. In a dry streamflow year, there is not enough <br />water to meet all the water demands in the basin. The State Water <br />Commissioner administers the creeks on strict prior appropriation under <br />these circumstances. <br /> <br />The 1983 Rice Report included an interview with the former District 72 <br />Water Commissioner (Marcus Klocker). According to him, calls upon <br />Rapid and Cottonwood Creeks are not usually made by downstream <br />Colorado River water users. Most of the rights high up in the Rapid <br />Creek basin are senior to downstream Colorado River rights. In addition, <br />calls for water from junior rights near the headwaters of the two creeks <br />may represent futile calls as against mainstem Colorado River appropriators. <br />A futile call is when an upstream junior appropriator cannot be required to <br />curtail diversions to satisfy downstream senior demands unless a physical <br />bypass of water at the juniors' headgate can physically increase the supply <br />to the downstream senior. If the downstream right is several miles away, <br />typically a futile call defense can be applied allowing the upstream junior to <br />rely on the available water. <br /> <br />The following quote from the Hydrosphere report provides farther support <br />for the ability of Palisades water rights to assure an adequate water supply: <br /> <br />IV-12 <br />