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r~ <br />u <br /> <br />sa cw ss <br />~~ Peabody Coal Co. <br />Page 5 <br />The above decrees establish the Colorado Co-operative <br />Company's right to divert 145 cfs into the High Line <br />Canal, under the priorities established therein. <br />Applicant's stock ownership and the Articles of <br />Incorporation of the Colorado Co-operative Company <br />entitle Applicant to 0~. 838 of the water delivered out <br />of the 145 cfs decreed to the High Line Canal. <br />4. Ristoric al Use of Aoolicant'S Water. Rights: <br />A. Bisto rical Diversions: <br />Diversion records of the State Engineer show that <br />between 1970 and 1986 the High Line Canal diverted <br />an average of 32,401 acre feet ("af") per year,.taken <br />- during the historical irrigation season of Ap r. it 19 <br />through October 26. Applicant's 0.838 pro-rata share <br />which is the subject of this Ruling is 273.3 of per <br />year.. This period is representative of the long term <br />dfversions by the High Line Canal, including both low <br />flow and high flow years. <br />B. Historical Consumptive Use: <br />~_ Applicant's 27 shares of Colorado Co-dpe ra rive <br />• Company stock which are the subject of this Ruling <br />have historically been used for. irr. igation of 79 <br />acres of pasture grass and alfalfa, located in the <br />Wl/1 St47,4, Section 25, T. 47 N., R. 16 w., N.M.P. M., as <br />demonstrated by the affidavit of Donald Rice submitted <br />to Che Court by Applicant. Approximately one-hal-£ <br />. of this tract is included in Applicant's NUCla Mine and <br />no .longer is susceptible of irr ig a[io n. The <br />. remaining one-hal£ is presently irrigated by~the 27 <br />shares. Applicant now owns this trac t. <br />Applicant's engineer has calculated that the average <br />annual historical consumptive use of the subject 27 <br />shares is 97.8 of per year. The engineer's study <br />conforms to acceptable eng ineer. ing practices, using <br />the Modified Blaney-Cr fiddle Method and local. tem- <br />perature and precipitation data to calculate crop <br />consumptive use. The ratio of calculated crop con- <br />sumptive use to gross he adgate diversions is 368, <br />which is within the normal range for the his[o rical <br />meChods of irrigation practiced in the area. The <br />historical consumptive use is equal to 1.32 acre feet <br />per. acre, 3.63 acre feet per Share, for [he subject <br />27 shares: ~ - <br />• <br />REVISED MARCH 2006 Attachment 2.05.3(3}16-26 <br />