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<br />C\l <br />r- <br />C\l <br />C\l <br />c._) <br />G <br /> <br /> <br />" .~ <br /> <br />the Water Court will probably allow only consumptive use and farm <br /> <br />losses for change in point of diversion and use to avoid damage to <br /> <br />irrigators below who have had use of the return flow in the past. <br /> <br />Not the least factor of all is the dollar signs the water right <br /> <br />owners get in their eyes when they are approached by the State <br /> <br />with offers to purchase. <br /> <br />For example, the State tried to purchase the water right <br /> <br />of the Las Animas Ditch Company. It was ideally located because <br /> <br />it was the last ditch to divert from the river before it reaches <br /> <br />the reservoir. The right was 38 cfs. There were 1,900 shares <br /> <br />representing 1,900 irrigated acres. If 38 cfs were diverted <br /> <br />continuously for a year, it would amount to about 27,000 acre- <br /> <br />feet or just about enough for three complete permanent pools, but <br /> <br />the Court would probably only allow transfer of about 2.25 acre- <br /> <br />feet per irrigated acre or about 4,300 acre-feet per year to be <br /> <br />credited to the permanent pool. The State made what it thought <br /> <br />a generous offer, based on the fair market value, of $550 per <br /> <br />share, but the farmers wanted $750. The water right was sold for <br /> <br />$750 per share to another irrigation company located far upstream. <br /> <br />It is the opinion of the author that the Water Court will allow <br /> <br />transfer of only a small portion of the 38 cfs to the new point <br /> <br />of diversion because of damage to rights in between. <br /> <br />-12- <br />