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<br />t <br /> <br />~ <br />~~=:t . .:., <br />;;;...., <br />" <br /> <br />'~.,.<, <br />-~'::_f;Y~ <br />"" <br /> <br />-. <br /> <br />-.-J <br /> <br />---1 <br /> <br />DIRECT FLOW RIGHTS <br />In Civil Action B-55066, the State of Colorado, acting for the benefit of its Department of Public <br />Institutions, transferred 2.25 cfs out of its ownership of 7.15 cfs to the old Warrior Ditch headgate. <br />The remaining 4.90 cfs was abandoned to the stream. The use of the water for irrigation purposes was <br />retained and additional uses included. The diversion location at the old Warrior Ditch headgate is <br />now within the flood pool occupied by the Bear Creek Reservoir. When the CWCB changes the use <br />of water to storage, the amount ofstorage would probably be limited to the historical consumptive use <br />(depletions) of the original 7.15 cfs, which has been estimated by the CWCB to be 276 acre-feet. They <br />have also proposed the following maximum monthly storage limits: <br /> <br />April 035 cfs 20.83 AF <br />May 0.60 cfs 36.89 AF <br />June 0.90 cfs 53.55 AF <br />July 1.00 cfs 61.49 AF <br />August 0.90 cfs 55.34 AF <br />September 0.50 cfs 29.75 AF <br />October 0.30 cfs 18.45 AF <br />Total 276.30 AF <br /> <br />For the purpose of the Bear Creek Lake Operation Study, the above values will be used while <br />recognizing that the final court decrees may result in different monthly storage limits. However, for <br />the current Bear Creek water rights Mcide~ it is assumed that 2.25 cfs can be diverted whenever <br />available at the Morrison Gage. An adjustment to the Model may be necessary for the Bear Creek <br />Lake Operation Study. <br /> <br />The Simonton Ditch has a 12/25/1860 appropriation date, which makes this water right the second <br />most senior on Bear Creek. The McBroom Ditch, with an appropriation for 1158 cis and an <br />appropriation date of 11/01/1859, is the most senior, but diverts eight miles downstream of Bear <br />Creek Reservoir. Historically, the McBroom Ditch relied principally on return flows and no caJls from <br />the owners of the McBroom Ditch were necessary to allow the Ditch to divert a full supply of water. <br />There could have been exceptions to this premise during extremely dry summer months when the <br />virgin flow at Morrison was extremely low. <br /> <br />For this study, it will be assumed that only the physical flow at the Morrison Gage will limit how much <br />the State's Simonton Ditch can divert. The Bear Creek Water Rights Model will be used to quantify <br />the daily flows at the Morrison Gage for the 1949-1957 period. <br /> <br />89-C126.00W <br /> <br />2 <br />