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<br />c..i <br /> <br />to the river below Ca~doa, such benefits neoessarily diminish with increased <br />distances downstream from the Caddoa project. <br /> <br />, ,.~ <br />.".~ <br />.... <br />~1 <br /> <br />5. Water conservGtion invclves previously unused or unappropriated <br />streamflows, and creates benefits by impounding; flood waters and winter flows <br />which, except for storage in Caddoa Reservoir, muld be undivertible, unus. <br />able and wasted, and by releasing such impounded 'Ml.ters for additional diver- <br />sion and increased use. As distinguished from flood-control benefits, which <br />will accrue only downstream and more.largely to Kansas, and as distinguished <br />from regulation benefits, which also will accrue only downstream but more <br />largely to Colorado, the benefits of ......ter conservation are subject vii thin <br />lilni ts to arbitrary allocation between the two States, and in Colorado, again <br />within limits, between _tel' users above and below Caddoa. <br /> <br />6. At times in the past when inflows to too river via tributaries, <br />such as the Purgatoire River, were sufficient to satisfy then effective pri~ <br />ority rights in Water District 67, they could not be exerCised to claim an- <br />other or second supply away from junior priorities of ditches in upstream <br />districts. Instead, under such conditions, the upstream ditches were au- <br />thorized, in aooordance with their respective unsatisfied priority rights, <br />to divert all the streamf'lows available to them, allowing none to pass dovll- <br />stream to Water District 67. This long-establishej system of water-right <br />administration, under the Constitution and laws ot' Colorado, has not been <br />altered by the construction of the Caddoa project. It will continue to pre- <br />vail at all times when the priority rights of ditches in Water District 67 <br />are similarly satisfied by supplies of water impounded in Caddoa Reservoir. <br />In that way some of the conservation benefits of Caddoa Reservoir will be <br />reflected, as intended by the desi 1'1' and authori.ation of the project, into <br />areas upstream therefrom, and be apportioned in accordance with rights es. <br />tablished under State laws among the upstream appropriators. <br /> <br />7. Manifestly, at times when the irrigation pool is empty, no conser- <br />vation benefits Can be reflected into upstream areas. At such times the <br />priority rights of ditches in Water District 67 will be asserted in the fu- <br />ture against upstream junior priorities the same as in too past, and as <br />though the Caddoa project had not been constructed. <br /> <br />6. The fant that water may be impounded in the irrigation pool does <br />net mean that increased diversions upstream from Caddoa will be lDll.de at all <br />times or continuously until the re servo.i.r is empty. There will be times <br />when additional upstream diversions can be made, and other times when they <br />cannot. For example, during periods of low streamflow conditions, such as <br />commonly prevail in late sumner months, and in fact at all times except when <br />str~amflows are aU@llented by rapidly melting snow or substantial rainfall <br />and runoff, only the most senior priority ri ghts along t he river can be <br />satisfied. Of dates 1864 and senior thereto, the priority rights in Water <br />District 67 total 29.25 second-feet, while those in upstream districts to <br />Canon City aggregate more than 1,000 second-feet. Commonly, the said early <br />priorities in Water District 67 are supplied by local return flow. Hence, <br />when the usable supplies along the main river have been less than 1,000 <br />second-feet, no strea.rnflows have been required or "" lowed to pass dov/l'lstrearn <br />to Water District 67. Since the upstream ditches with senior priorities <br />have diverted all the strearnflows under such conditions in the past, no <br /> <br />(3 ) <br />