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<br />I <br />I. <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I- <br />I <br />I <br />I <br />I <br />I <br />I <br />I. <br />I <br />I <br /> <br />) <br /> <br />) <br /> <br />'1,11.' ':, <br />--:1'\)"',) <br />V. CONCLUSIONS <br /> <br />A. The transfer of water from the model storage right to the joint-use <br />pool is a departure from the intent of the Operating Principles. <br /> <br />B. The storage of winter water under the direct flow rights is also a <br />departore from the intent of the Operating Principles. <br /> <br />C. The transfer of water from the Model Ri ght and the storage of wi nter <br />water under the direct flow rights doring the 1979-84 review period has <br />depleted the usable inflow to John Martin Reservoir when compared to the <br />i nf 1 ow that wou 1 d have occurred had the Tri ni dad Project been in accordance <br />with the intent of the Operating Principles. <br /> <br />D. The transfer of water from the Model Right and the storage -of winter <br />water under the direct flow decrees, either singularly or collectively, <br />wi 11 not cause the future usable inflow to John Martin Reservoir to be less <br />with Trinidad Project in operation than it would have been without the <br />Project. These 'practices will, however, result in less inflow to John <br />Martin Reservoir than would occur if the water rights were admini stered in <br />accordance with the intent of the Operating Principles. <br /> <br />E. The Operating Principles provide for less than the optimum beneficial <br />use of the available water for irrigation within the Trinidad Project area, <br />but do protect the downstream non-project rights. <br /> <br />F. The total acreage irrigated with project water during any year of the review <br />period did not exceed the maximum permitted acreage of 19,717 acres. <br /> <br />G. Neither the District nor the State of Colorado have developed adequate pro- <br />cedores for verifying that the maximum irrigated acreage wi 11 not be exceeded <br />in the future. <br /> <br />H. Class 6W lands are being irrigated in violation of the provisions of the <br />Operating Principles. There is no evidence that this violation has any impact <br />on aownstream users. There is no purpose in continuing prohibition on ir- <br />rigation of Class 6W lands. <br /> <br />1. The maximum irrigated acreage should be reduced by 278 acres to compensate <br />for water rights that were not acquired by the District. <br /> <br />J. The 1985 headgate diversions exceeded the amount needed to satisfy irriga- <br />tion requirement used in the 1964 Irrigation Report. The District has not made <br />an effort to limit the headgate diversions to that necessary to meet the irriga- <br />tion requirement nor has the District established a suitable procedure for doing <br />so in the future. Excess diversions reduce the inflow to John Martin Reservoir <br />and cause additional shortages of irrigation water for use on project lands. <br />Under some circumstances, excess diversion will cause the inflow to John Martin <br />Reservoir to be less than would have occurred had the Trinidad Project not been <br />built. <br /> <br />K. The storage of water under the auspi ces of flood contro 1 has not been <br />recogni zed as flood storage by the Corps. At 1 east some of thi s storage of <br />flood flows did occur under conditions that without the storage there would have <br />been potentially damaging rates of flow. The stored flood flows were released <br /> <br />55 <br />