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~ The mass diagram analysis of the state line flow versus the Canon City flow shows an apparent loss during the 1951-1966 period of approximately 105,000 acre feet per year at the stateline. The studies of the canal diversions reveal a decrease of approximately 113,000 acre feet per year during these recent years. At 60 per cent efficiency, the decrease in consumptive use is 68,000 acre feet per year. Thus, the total apparent decrease is 173,000 acre feet per year when the depletions and reduced flow at the state line are added. During recent years the average annual amount of water pumped from wells was reported to be 128,700 acrefeet. with the U.S. Geological Survey's estimate of 80 per cent consumptive use, the consumptive use by wells would be 103,000 acre feet per year" Id., p. iii. ./ I i I court's "Findings of. Fact, Conclusions of Law, Judgment and I I I I j Decree" in the Water Division No. 2 case styled People of A third source of common background information is the ~ 4 ' the State of Colorado v. Amity Mutual Irrigation Company and Buffalo Mutual Irrigation Company, No. W-4764, June 24, 1981. This case resulted from Amity Mutual Irrigation Company refusing to comply with the terms of an order of the Water Commissioner of Colorado Water District No. 67, dated April 1, 1978, directing Amity to make no future diversions except with the approval and under direction of the Colorado Division Engineer. The Water Commissioner had issued the order to facilitate the delivery of Compact water to the state line by instructing both Amity and the Buffalo Mutual Irrigation Company to cease diversions for a twenty four hour period during the initial release of conservation water from John Martin Reservoir. While the Court dismissed the case on the ground that the Water Commissioner proceeded discrim- inatorily, in violation of the equal protection clause of the United States Constitut~on and the due process clause in -9- .'"- '. 1 ~ ,;;,.