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<br />Johri F. Glass, Jr. <br />Joseph S. Glass <br />John F. Glass, Sr. <br />May 19, 1995 <br />Page 2 <br />3. The main part of the I.C. Woods Drain is not actually located where you have <br />indicated it should be, and is not located where the decree descrit~es it. If it <br />exists, it appears to have been unused for many years and possibly abandoned. <br />4. Western Mobile's gravel operations have not encountered or interferfad with the <br />I.C. Woods Drain, and do not touch the branch of the drain which you claim to <br />use. You do not claim that Westem Mobile's operations have interfer~ad with the <br />flow of the drain which you claim to use. <br />5. The approximately 40 acres which you currently irrigate are not part of the lands <br />allowed to be irrigated by the decree for the I.C. Woods Seepage Ditcti. <br />6. The source of water for the I.C. Woods Drain, including the branch you use, <br />clearly is tributary to the Poudre River. You said that the flow of the branch of <br />the drain you use fluctuates with rainfall and upstream irrigation. The water right <br />is decreed only for irrigation of specified lands. In order for the water right to be <br />legally used on different lands or used for a different purpose than irrigation, an <br />application for change of the water right would have to be approved by the <br />Water Court. In that change of water right case, the following questions, among <br />others, would be litigated: (1) the historic use and possible abandonrnent of all <br />or part of the water right; (2) the tributary/nontributary character of the source of <br />water; (3) the need for administration of the water right in priority t.o prevent <br />injury to other water rights; (4) whether the water right has been legally used on <br />the lands specified in the decree; (5) terms and conditions to prevent expansion <br />of the historic use of the water right; and (6) whether the lands historically <br />irrigated could be dried up as required in order to change the use of the water <br />right and get credit for the historic consumptive use for irrigation. <br />7. Under Colorado law, all decrees are limited to the amount of water actually <br />needed for beneficial use by the owner. Any water not actually need~sd for the <br />uses specked in the decree belongs to the stream, not to the owner of the <br />decree. <br />