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<br />1 <br />1 <br /> <br />Voter Eights <br />Hardscrabble Creek and its tributaries are internally controlled, which <br />means the eater rights on that system are relatively senior to moat rights <br />on the Arkansas mainetem. and therefore. do not experience calla from the <br />mainstem. Since the only diversions on Newlin Creek are those maintained <br />by the City of Florence upstream from the mine lease area and not affected <br />by Southfield mining activity, only those ditches diverting from lower <br />Hardscrabble Creek below Newlin Creek are potentially impacted. A general <br />location map (Plate 1) shoving the water rights on Newlin Creek and lower <br />Hardscrabble Creek is included in the jacket at the back of this report. <br />Diversion records of these water rights are summarized in Table 1. <br />Newlin Creek's drainage basin comprises less than ten percent of the total <br />area of Hardscrabble Creek's drainage basin. so even without the City of <br />Florence's near-total diversion. Newlin Creek would contribute only a <br />small portion of the total runoff of Hardscrabble Creek. When the City of <br />Florence is diverting, Newlin Creek generally has nine miles of dry stream <br />channel between the City's diversions and the confluence with Hardscrabble <br />Creek. Since Newlin Creek contributes such a small amount of runoff to <br />lower Hardscrabble Creek, very little, if any, water diverted by the three <br />ditches on lower Hardscrabble Creek originates from Newlin Creek. <br />Some of the water rights located below Newlin Creek on lower Hardscrabble <br />Creek are senior to the water zighte owned by the City of Florence on <br />Newlin Creek. Yet. according to the District 12 Water Commissioner. <br />junior water rights on Newlin Creek are never called out by the senior <br />water rights on Hardscrabble Creek, even though the senior rights are <br />sometimes limited by physical supply. The Water Commissioner said there <br />is no legal documentation supporting this practice. however. he has not <br />administered the upstream City of Florence diversions for the benefit of <br />the lower and senior water rights. <br />-29- <br />