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<br />.\ll.:'\:l..l"I....;.M..\IL. Si\I.lDA ('ULllltAI)(1
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<br />wateJ:r
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<br />Two dateS are important in this regard -
<br />L.. adjudication date and Ule priority date.
<br />-,." adjudication date is the da!.e wben it
<br />. ,dJudicated (declared in courtllha:. &Js
<br />..rOOD had a legal right to the wilter.
<br />Most ~ple applied for this right soon
<br />after settling on the land. Thus SOMe river
<br />ca:lb (water rights) date back lo as early as
<br />1868. UnfortuD8tely, a few negleded to have
<br />the rights adjudicated until fean later.
<br />Coo.seguently, even though they began to use
<br />the wiler in 1868, their priority dale (the dale
<br />when they claimed use of the water) is not
<br />listed UDtil they actuslly applied for the
<br />adjudication.
<br />(- "'he date that som~e rU'St began using
<br />L .: water is the priority date.
<br />
<br />THE ADJUDICATION DATE iJ; importa.nt
<br />becauSe those with the earlieat dales have
<br />the r~l priority when It comes to use or the
<br />wal.u. And iII- a drought year lite th.i!i .004,
<br />wat.er becomes pr~jou.s.. U can mean the
<br />difr~ Yo'crops floW'"lshini or failing and
<br />~n5equently, the dillerenc:e in profit aod
<br />""". .
<br />"GeneraUy thi5 time of year,tbe river caU
<br />date would.be somewhere in the IB9Ili."
<br />
<br />0C,1562
<br />
<br />WEDSESDA).", JULY I. ISlOI
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<br />Smith said. '''That means all people who had
<br />established water rights. for example, in l~
<br />or earlier, would have the right to open their
<br />head g.:lte5 on their irrigation dilches and let
<br />the water run through: Each person is en-
<br />titled to a specific amOlDlt of water which
<br />. was established when the water rights were
<br />adjudicated. They can only allow thai
<br />amount of water to run through the gates.
<br />The amount is regulated by adjusting the
<br />gate, which is comparable to adjusting a
<br />. water raucel." .
<br />When those on the eUIT'eD.l river eaD
<br />receive the amount or water they are entitled
<br />to, then those with river calls junior to 1h1!m
<br />(for example. an 1896 river call would be
<br />junior to 1895) may open their bead gates and
<br />take water. This is known aa the priority
<br />system.
<br />"This year is a terrible year," Smith said.
<br />"We have alre;:!dy been down to as low as an
<br />. 1tn'4 irnl: call which means no one on the
<br />river who had est8bli.lhed ri~"':' ,'!.(ta:; '..Illol.
<br />could take watB' on that day. Things haveo't
<br />been this bad since 1971, when we got dowb to
<br />an 1874 river call"
<br />River aU is es1;ablliibed when a person on
<br />l!JI irrigation ditch In!orril.s Smith he !s not.
<br />- - -
<br />
<br />gelting enough water. Smith or his deputies
<br />check on the rancher's river call date. U,lor
<br />example, bii riverealldal2.ls 1830acd no one
<br />with 8 dat.e preceding 18S{1 has informed
<br />Smith of lhe need for water. ditches up-
<br />stream with river call dales later than 1880
<br />are ordered to sbu~ off their water supply.
<br />
<br />, . "IT SOUNDS PRElTY SIMPLE," but
<br />actually, it isn'l that easy," Smith &ald. "For
<br />example, on the SQuth ArkaDS8.S (Little
<br />River), the Tanasee Ditch has 3D 1866 call
<br />diate: Two weeks' ago, the Tanasee was
<br />calling for water'. We were afraid that by
<br />shutting orr all the dilches junior to 1866 we
<br />wculd flood the Tanasee. Normally, shutting
<br />off 15 cubic feet per'second (ds or cusec.s)
<br />upstream ~ould fill the Tane5ee Ditch. So we
<br />shut off ODe ditch. .Ju.t the week before,
<br />shut ling off 4cusecs filled that ditch. But this
<br />. time, it didn't work. So much of the water
<br />was lost in transit we had lo shut off another
<br />ditch which gave 'lIS .JO mor... 't'U~5. 'tit.ilI DO
<br />water made it the 17 miles downstream to (be
<br />Tanasee Ditch. 'It was a nwnber of days
<br />before we were adjusted and by then we bad
<br />shut off almost 3S CFS of water!"
<br />Asked _WhY they hadn't shut off all the
<br />
<br />water atDDce, SmiU15aid bc.&J.t certain,that '.
<br />doing so would spill a lot -,,-'ater over the - .
<br />diversion dams whim ~'t do anyone..
<br />any good.
<br />"When we get a call for ...-s.ter, we won't
<br />hesitate 10 shut off all-lhe ditches jtmior to
<br />that ditch, but we aren't goiq to do it all at
<br />once," Smith. said.
<br />
<br />. ^ LOT OF Yr'A TER is being losL in transit
<br />this Ume of year because stre.am5 are so dry.
<br />One of the protiems for O1aHee and Lake .
<br />counties is that there is a ditcll about zo feet
<br />wide and lOUT feet deep near Pueblo which
<br />has an 1874 call dale..When tbat ditch calls
<br />ror water. it closes many or the ditches uP-
<br />stream and draws off a lot of water.
<br />"U we had the B8J11e ditch up ip Leadville.
<br />it wouldn't affect anyone very mucb," Smith
<br />said. "but being that this ditch is Jow on the
<br />slream, it affects almost everyone. This is;
<br />generally the way it works. The senior call
<br />dates are low on the river because that W85
<br />where people settled f11'&\."
<br />At the June 22 meeti!lG of the Cbaflee
<br />CoUDty BQard of Commissioneno, rancher'
<br />HeMy DaLuca expressed bJs concerns abou.t
<br />the lack of water. DeLuca stands to lose bU
<br />hay crop If he does!l't get waler very 6OO!l. He
<br />wanteQ toknowwhywater couldn't be turned. .
<br />loose from the North Fork Reservoir to help'
<br />him and others to the 5aITle situation.
<br />. "I really s.ympathize with these people,"
<br />Smith said. "They are in a bad situation. In a "
<br />good year, the river call on the main stem of
<br />. the Arkansas would still be aoout 1890 and
<br />DeLuca would have plenty of water. He'.
<br />~ used to being without water in August. but
<br />'not before the first hay cutting."
<br />But getting the water to the ranchers isn't
<br />as easy as turning a faucet at North Fort
<br />Reservoir. . ....,..;
<br />"flight now the county doesn't know where"
<br />It stands, legally, with regard to releasing.
<br />the wat.er in North Fork," Smith said.
<br />"Reservoir water is also slored within a
<br />priority iystem. Once it is legally stored,
<br />whoever owns itcan do il-;lh it 'A'hat be wants.
<br />But the coonly isn't ~ure it hB5 the water ~~
<br />rights to the reservOir. The S~le attorney
<br />general is looking into thiS but unlil the
<br />question is answered, we Go::'ll!::JOW what to
<br />do."
<br />
<br />Riiht now, releasing' the North Fork
<br />Reservior water OD the priority system
<br />would onlv satisfy an )814 river call, 50 those
<br />with calls junior to that .wouldn't benefit
<br />anyway. And &lYing waler on reqt;est would
<br />really. be a problem because riiPt now
<br />everyone ~~ it.. .
<br />
<br />IS 11IERE AN ~SWER to the .currerit
<br />water problem'! Not reaUy, except maybe a
<br />~od rain. And thaL.would only. help the .
<br />situation; not solve iL
<br />A solulion for the future might be to build
<br />up Boss Lake and have ranchers ~y shares
<br />in !.he Slared water. Then, when water was
<br />needed, they could caD for as many share!. of
<br />the Slared water as they had plD"chased -
<br />sort 01 lUte having waler in the bank.
<br />Asked if the City of Salida could cut down
<br />on water use to aUow more water lor the
<br />ranchers, Smith said, in lheory this is
<br />. possible, but be didn't know how mltch good
<br />it would do... .
<br />On the other haaid, if Ute water situalioD
<br />~~y critical, iL would be p:lSSible
<br />for the city to ctmlenu1 water ri~hts up-
<br />stream to draw more watll!'l: \<< t.be city, but
<br />that i. highly unti.\e1y. .'
<br />"The cHy would have to go through a COlD"t
<br />procedure to do lhat," Smith said, "just as It
<br />would have to go through court proceed1np
<br />to coodemn land. It wowd be time-
<br />consuming and ~stly."
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