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<br />(lOJ802 <br /> <br />. <br /> <br />The first necessity for the Leke Brennan storage proj ect will be <br />the negotiating of a new agreanent between the parties to the former stip- <br />ulation. This agreanent should provide that the town shall not att9J1pt to <br />store or divert direct flow at any time when flow of North Fork at Somer- <br />set falls to 350 second-feet, and shall agree to deliver all direct flOW, <br />available above present high water level at Leke Brennan, at any time when <br />flow at Somerset is less than 350 second-teet, instead of the provision <br />now requiring the town to stop diversion from May first to SeptEtnber <br />fifteenth. The new agreement will require also that the Fire Mountain <br />Company assign its conditional decrees for the benefit of the storage <br />proj ect. <br /> <br />. <br /> <br />The next neceseary step requires that the town of Crested Butte <br />appear in the Di stri ct Court of Del ta County praying that the reference <br />in the decree of May 20, 1937, by which the storage right of the town in <br />Loke Brennan is rscognized subject to the conditions of the stipulation <br />made s part of the decree, be made the basis for granting the town a <br />decree for actual storage of 385 acre-feet from October 1, 1918. It <br />should furthsr be asked that the town be granted a decree for use of direct <br />flow as the same has beenutilized during winter months from October 1, <br />1918, to the amount of not less than one cubic foot per second. <br />Cost of the dam for storing 1,000 acre-feet is estimated at <br />$29,158, or $47.50 per acre-foot of increased storage. Since there is <br />no salvage value in the present works, which are now in need of expensive <br />repairs, not only to comply with the stipulation, but actually to preserve <br />the storage now used, the cost for the whole project is really properly <br />chargeable against the whole quantity of water, or at a rate of $29.16 per <br />acre-foot. <br /> <br />'. <br /> <br />-g- <br />