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<br />r ! <br /> <br />. <br /> <br />-78- <br />Robert Littler refuted the allegation and said that the <br />Sterling No. 1 Ditch does not use any point of diversion other <br />than its regular concrete diversion works. He said that it cap- <br />tures all but a very small amount of the water available at that <br />point, and only rarely is there any "live water" immediately down- <br />stream from the Sterling No. 1 diversion dam. <br />Littler confirmed that the Sterling No. 1 Ditch has, on <br />occasion, spilled water out of its ditch but that he"gets after <br />them about this." He recently met with its Board of Directors <br />and told them that the waste of water would have to be diScon- <br />tinued. Littler later understood that the Board of Directors <br />of the company sent notices to all of its farmers to the effect <br />that the waste of water could not be tolerated. He said that he <br />allows the Sterling No. 1 to sluice sand from its diversion works <br />when there is no priority "call" on the South Platte River. <br />Littler recalled one occasion, two or three years ago, when <br />he put a call on the river at the oral request of the Schneider <br />ditch rider. When the water arrived, the Schneider Ditch refused <br />to take the water. <br />2. Reservoir Storage Practices <br />Ralph OWens concedes that there are instances in which water <br />rights in the South Platte Valley are not administered strictly <br />in accordance with the priority system. He believes that this <br />practice is sound in order to promote the overall conservation <br />of water in the valley. William Mattern, the Division Engineer, <br />concurred in these statements. They gave as an example, an <br />occasion during which Mattern refused to honor a demand by the <br />Julesburg Reservoir for water at a time when the junior Jumbo <br /> <br />.. <br /> <br />, . <br /> <br />~ <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />WOODWARO.'CLVDE.$HERARD AND ASSOCIATES <br />