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<br />1879 <br /> <br />.;. <br /> <br />November 1 of each year; however, refilling of the account can commence November 15 under the <br />terms of the Winter Storage Program under 84 CW 179. The provisions of the 1980 Operating Plan <br />are included in the Appendix, Exhibit 6. In the event releases could not be made from John Martin <br />Reservoir, it may be possible to make releases from Adobe or Horse Creek Reservoirs, Thurston <br />Reservoir, or small reservoirs below John Martin. This reservoir is further described in Alternatives <br />for Storage later in this section. <br /> <br />Exchanges <br /> <br />Operation of the water bank and river exchanges cannot injure other water rights on the river. <br />Those water rights must be protected from injury. There are no intervening ditches between the <br />headgate of the FLC and the headgate of the FLSC, but there are numerous ditches between the <br />headgate of the FLC and Pueblo Reservoir. By exchanging through the section of the river between <br />the two FL headgates during the winter, the injury concerns will be substantially reduced. <br /> <br />Essential to the water bank's continued future operation is the opportllnity to exchange water <br />without injury to other water rights holders. Because other appropriators have and will also seek <br />exchange decrees, which may eventually absorb the remaining exchange opportunity on the Arkansas <br />River, the water bank should apply for an exchange decree. <br /> <br />A detailed study of return flow requirements and assurances are very important. Because the basic <br />conditions necessary to protect other ditches between the FLC headgate and Pueblo Reservoir were <br />inserted in Aurora's Rocky Ford Ditch change decree (83 CW 18, Water Division 2), no additional <br />exchange conditions are necessary for a considerably more junior water bank exchange to Pueblo <br />Reservoir. <br /> <br />Legal Constraints of FLeC <br /> <br />Other shareholders, particularly those served by the same lateral as a participating shareholder, must <br />not be injured by the removal of water from the ditch. Issues of increased seepage and lost head <br />arise, and must be hydraulically compensated. The FLCC will need to be satisfied that its <br />shareholders are not being injured, and must be indemnified from any additional costs arising from <br />operation of the water bank. Initially, these costs could be significant, but are expected to become <br />less as a satisfactory methodology for conducting water bank operations is established. Offsetting <br />some or all of these costs is addressed in the financial analysis section. The consulting hydrologist <br />for the FLCC may need to review and approve certain aspects of the water bank operations. <br /> <br />A. Bylaws and Decrees <br /> <br />FLCC bylaws currently restrict the use of shares. The FLCC decrees are for irrigation uses. <br />Those decree restrictions should not inhibit operation of the water bank under a temporary <br />substitute supply plan, but will need to be changed in the permanent decree to allow for <br />other uses under for the water bank. <br /> <br />8-9 <br />