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<br />38 <br /> <br /> <br />. <br /> <br />3032 <br /> <br />As a result of litigation between the Highland and Ninemile <br />Irrigation Companies, the Third Judicial District Court at Trini- <br />dad hll.llded down Decree No. 1325 on September 8, 1925 granting <br />preference to the Ninemile Canal during periods of low flow. <br />Although Highland Canal has rights senior to Ninemile, the court <br />made this provision in order to prevent unnecessary waste of <br />water through river losses. <br />The court decree prOVides that during periods of low flow <br />in the river, not exceeding 3 to 8 c.f.s., varying with the <br />different months of the yee:r, Ninemile Canal may divert these <br />amounts rather than let the small flows pass downstream and be <br />lost in the riverbed before reaching the Highland Canal. When <br />the river discharge exceeds 3 to 8 c.f.s, depending upon the <br />month, and until there :is Sufficient water to satisfy the senior <br />Highlll.lld Canal rights, diversions can not be made by Ninemile <br />Canal. <br />Arkansas River rights which affect administration of the <br />Purgatoire River include all users below the mouth of the Purgatoire <br />River. According to the Division Irrigation Engineer, State of <br />COlorado, it is very seldom that ditches diverting from the Purga- <br />toire River are required to allow water to pass downstream to <br />satisfy Arkansas River rights. Even during these infrequent calls <br />on Purgatoire River water, only decrees dated in 1887 or earlier on <br />the Arkansas River usually receive water, and since the major <br />portion of the Trinidad Project 41tches have decrees dated prior to <br />1887 or even prior to the ee:rliest Arkll.llsas Ditch rights, there is <br />very little demand on Trinidad Project ditches. <br /> <br />. <br /> <br />. <br />