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<br /> <br /> <br />Bla}ce <br />Junc: 11, 1979 <br />Page 2 <br /> <br />Diversion records are available for Water District 7 <br />from 1902 to date. None of the records show diversions <br />for the Mead and Polar, the extension;-or tfie Black Hawk <br />Ditch. This is probably due to the fact that the water <br />commissioner viewed the milling activities on North Clear <br />Crec=_k as largely non-consumptive. The flumes were probably <br />open whenever ore was being milled at one of the three mills; <br />most likely the use was year-round, with the mill owners <br />regulating flow rather than the water commissioner. <br />None of the three ditches is on the State Engineex'S <br />abandonment lists. In my opinion, little trouble would be <br />encountered from a water rights standpoint in using the .Water <br />for a similar industrial purpose in the vicinity of the old <br />mills. :roblems would be encountered, however, in changing <br />the type of use to a more consumptive activity, such as <br />mun_Lcipal use. Additionally, some land owners might be likely <br />to maintain that the existing easements for the flumes have <br />been abandoned. <br />In conclusion, I have to say that your water rights are <br />of :Limited usefulness for purposes other than milling activities <br />of <i largely non-consumptive nature. This is a function of both <br />their adjudication dates and past history of use. <br />If you have any questions, please call me, <br />Very truly yours, <br />VRANESH AND RAISCH, P.C. <br />By <br />George anesh <br />~- <br />JH:sd <br />