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<br />0':'1" '.~ <br />_il..1...} <br /> <br />. <br /> <br />9c. Questionable Irrigation Benefits <br /> <br />Refer to statement, Cecil J, Osborne, Fort Morgan, Colorado, June 11, <br /> <br />1973. "In Part 8, Hydrology Studies, the Bureau has assured that they <br /> <br />will acquire all of the Weldon Valley water rights when the land is con- <br /> <br />demned and have used the entire volume to justify the feasibility. <br /> <br />"This is simply not true for the follOwing reasons. <br /> <br />1, The water rights are private property and are not subject <br /> <br />to condemnation. (Many promoters of the project have <br /> <br />attempted to convince the landowners otherwise.) <br /> <br />2. Some of the rights have already been transferred to other <br /> <br />di tch systems. <br /> <br />J. Many of the landowners will retain their rights and change <br /> <br /> <br />. to lands already owned under other systems. <br /> <br /> <br />4. As a maximum no more than 50~ of the Weldon Valley water <br /> <br />will come into possession of the Narrows project and even <br /> <br />this amount will have to be paid for at a price that is <br /> <br />higher than other competing systems will bid for the water. <br /> <br />"The amount of water that can be legitimate1y claimed from Weldon <br /> <br />Valley for storage or direct deliveries if owned is far less than the <br /> <br />diversion at the Weldon Valley headgate. The system of water rights and <br /> <br />return flows, etc., established in Colorado points out that the parties <br /> <br />preparing the Section 8 appear to be ignorant of the many-faceted elements <br /> <br />entering into the Colorado priority system. Case law in other similar <br /> <br />changes in point of use and change of use indicate that the net amount <br /> <br />that can be claimed is the net consumptive use which in the case of Weldon <br /> <br />. <br /> <br />Valley water would be 6,000 acre feet annually based on 6,000 acres of <br /> <br />irrigated land to be taken, <br />