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<br />II <br />I <br />I <br />I <br />I <br />I - <br /> <br />L. <br /> <br />L <br /> <br />L <br /> <br />l <br /> <br />L <br /> <br />I <br /> <br />l <br /> <br />I <br /> <br />I <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />t, r' c' "., <br />1:..;)',); <br />material increase in depletions be compensated by suitable replacement to <br /> <br />lands served by John Martin Reservoir." <br /> <br />Regulation of summer flows historically diverted to project lands is that increment of flow <br /> <br />that was diverted to project lands by the direct flow rights because the water was available at the <br /> <br />time and without an irrigation requirement. Since there was not an irrigation requirement, the <br /> <br />water diverted less evaporation losses resulting from the diversion and distribution of the water <br /> <br />onto the fields returned to the Purgatoire River and was available to downstream water users. <br /> <br />Without the ability to regulate summer flows, these same inefficient diversion practices by the <br /> <br />direct flow rights are occurring at the present time. The storage and release of this water to meet <br /> <br />an irrigation requirement would deplete the flow available to downstream water users and John <br /> <br />Martin Reservoir by the additional evaporation resulting from storage in Trinidad Reservoir and <br /> <br />the amount of the irrigation requirement met when the water is released. Since a methodology <br /> <br />for determining the current real time irrigation requirement has not been developed, there is not <br /> <br />sufficient data to determine the storable flow and the additional depletion that would result from <br /> <br />reregulation of summer flows. The District has attained minor reregulation of summer flows by <br /> <br />varying the opening and closing dates of the irrigation season and by the exchange of <br /> <br />transmountain water into Trinidad Reservoir.. <br /> <br />The inability to determine the depletions that would result from reregulation of summer <br /> <br />flows need not preclude reregulation of summer. flow pursuant to condition (d). A substitute <br /> <br />water supply plan can be developed under Colorado water law for replacement of an appropriate <br /> <br />amount of water stored in Trinidad Reservoir and/or the amount of water stored limited by the <br /> <br />amount of water made available for substitution similar to the amendment of the operating <br /> <br />28 <br />