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Decree <br /> Case No. 04CW6 <br /> CHANGE OF WATER RIGHTS <br /> 11. Decreed Name of Structure and Water Rights Changed. The Box Elder Ditch. <br /> Kehn seeks to change its pro rata share of the water rights decreed to the Box <br /> Elder Ditch attributable to Kehn's ownership of 3.5 shares of the 64 outstanding <br /> shares in the Box Elder Ditch Company. The water associated with 3.5 shares <br /> will hereinafter be referred to as the "Water Rights". <br /> 11.1. Box Elder Ditch Water Rights. The Box Elder Ditch water rights were <br /> originally decreed on April 11, 1882 in Civil Action No. 320, Larimer <br /> County District Court. The decreed point of diversion is located on the <br /> south bank of the Cache la Poudre River within the SW '/4 of the SE '/4 of <br /> the NE '/4 of Section 20, Township 7 North, Range 68 West, 6thP.M. The <br /> water rights decreed to Box Elder Ditch and the Applicant's pro rata interest <br /> in the Box Elder Ditch water rights are as follows: <br /> Appropriation Applicant's <br /> Date Amount Pro-Rata <br /> Amount <br /> March 1, 1866 32.5 c.f.s. 1.78 c.f.s <br /> May 25, 1867 8.33 c.f.s. 0.46 c.f.s <br /> July 1, 1868 11.93 c.f.s. 0.65 c.f.s <br /> 12. Historical Use. <br /> 12.1. Irrigated Acreage: The Water Rights historically irrigated land owned by <br /> Kehn and located in the SW '/4 of Section 11 and the N '/2 of Section 14, <br /> Township 6 North, Range 68 West, of the 6th P.M. (the "Kehn Property"). <br /> The Property adjoins or is generally west of the Cache la Poudre River. <br /> From 1960 through 1989 the Water Rights used on the Kehn Property <br /> irrigated an average of 159.91 acres. The crops grown on the Kehn Property <br /> were grain corn, alfalfa, and pasture grass which were grown in three <br /> separate zones of various sizes. The location of the Kehn Property is shown <br /> on Exhibit B. <br /> 12.2. Study Period. For purposes of analyzing the historical use of the Water <br /> Rights, Kehn utilized a study period of 1960 through 1989. The Court finds <br /> this study period representative of historical conditions. <br /> 12.3. Average Annual Farm Headgate Deliveries. River headgate diversions for <br /> the Box Elder Ditch during the study period were evaluated and adjusted to <br /> exclude native water diversions in excess of the total decreed flow rate of <br /> 3 <br />