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<br />. <br /> <br />. <br /> <br />. <br /> <br />1'1 ,.C'---,l <br />. "tu.. <br /> <br />historically diverted for winter irrigation of project lands which are in excess of flows required to <br /> <br />meet the lesser of either the historical diversions or the decreed rights of the Ninemile and <br /> <br />HigWand Canals and 5.0 cfs passed through the reservoir for livestock or domestic watering <br /> <br />purposes. Useable project computed return flow is to be considered available to meet the <br /> <br />downstream rights." (Underlining added) <br /> <br />The operating principles provide that during the non-irrigation season, generally the period <br /> <br />October 16 through March 31, a volume equivalent to 5.0 cfs of reservoir inflow as measured at <br /> <br />the Trinidad gauge and inclusive of river gains from Trinidad Dam to the Trinidad gauge will be <br /> <br />allowed by the District for stock water releases. Reclamation's pre-Project model assumptions <br /> <br />term this release as "pass through t~t:!.~~ervoir." Therefore, Reclamation concludes that the <br /> <br />District may release the stock water as an eauivalent volume provided the seasonal volume is not <br /> <br />exceeded and at a rate equal to or less than the reservoir inflow and such release is considered <br /> <br />~ <br />~ <br />~f" <br /> <br />passed through the reservoir and not charged to the filling of the Model storage right A <br /> <br />Reclamation analyzed the Trinidad Reservoir operations and stock water releases on a <br /> <br />daily basis for water year 1992 with the interpretation of the operating principles presented in the d <br /> <br /> <br />preceding paragraph, This analysis showed that the total storage including carryover from the <br />.' <br /> <br />previous year did not exceed 20,000 acre feet during anyone day in water year 1992. The <br /> <br />maximum storage content would have been 19833 acre feet on April 29 and 30th. Neither was <br /> <br />the storage limitation of a single filling of the Model Storage right of20,000 acre feet in a single <br /> <br />water year exceeded as the total accumulated storage for water year 1992 was 19155 feet. <br /> <br />(Appendix B). <br /> <br />The District Court, Water Division No.2, State of Colorado, Case No, 86CW25 ordered <br /> <br />17 <br />