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Dave Bailey, Esq. <br />November 12, 2010 <br />Page 2 <br />photographs and to identify the changes of irrigated lands throughout the study period. A water balance <br />program was used to determine historic depletions for the Rural Ditch shares using the measured irrigated <br />acreage and consumptive irrigation requirements (CIR) for silage corn and alfalfa, the two crops described <br />by Tom Adams and Rosie Heaton as the most prominently grown crops on the property. This analysis was <br />performed using a study period of 1911 through 1998. This period reflects the availability of diversion data <br />and represents the majority of the years the water right has been used for decreed purposes. The period <br />also includes a good variation of wet and dry years. <br />Ownership <br />Two shares of the Rural Ditch Company have been associated with this parcel of land historically. The <br />land and water rights were owned by the Heaton family from at least 1950. Lafarge acquired the shares <br />from the Heatons in the late 1990's. The two shares represent four percent of a total of 50 shares in the <br />ditch company. The Lafarge shares equate to an ownership interest of 0.91 cfs in the senior (May 10, <br />1862) water right and 2.41 cfs in the remaining junior (March 10, 1863) water right. <br />Diversions and Ditch Loss <br />Rural Ditch diversions for the 1911 through 1998 study period were obtained from State Engineer's Office <br />from 1911 through 1949 and from the CDSS database for 1950 through 1998. Records for the years 1934 — <br />1936 were not available, so the monthly averages for the remaining study period were used for the water <br />balance analysis for these three years. Diversion of water other than under the ditch's direct flow rights <br />was deducted from the records. Diversions for the Rural Ditch water rights are summarized in Table 1. <br />Based on conversations with the Water Commissioner, there are two headgates that can be used to divert <br />the Rural Ditch, the decreed headgate on Boulder Creek, and the Idaho Creek diversion point. According <br />to the Water Commissioner, the diversion records show total diversions at both points. <br />Water has been consistently diverted throughout the study period, and diversions have averaged <br />approximately 5,105 acre -feet per year (ac -ft /yr) as shown in Table 1. Annual diversions have varied from <br />a maximum of 8,775 ac -ft in 1998 to a minimum of 2,406 ac -ft in 1949. Although the Rural Ditch <br />priorities are very senior rights within the basin, diversions in dry years such as 1954 and 1977 were <br />slightly less than the study period average. However, in most years the diversion records indicate frequent <br />diversions later in the irrigation season (August, September, and October) which supports the reliability of <br />this water right. <br />According to Mr. Adams and Mr. Frank Sewald, the ditch company president, the ditch shareholders do not <br />have measuring devices at their farm headgates. Individual users decide how much water to take based <br />upon what they need. On occasion, shareholders are asked to reduce the amount of water taken in order to <br />ensure supply to all the other users. For this analysis, the deliveries to the Heaton farm headgate were <br />assumed to be equal to a pro rata portion of the river diversion, less ditch loss. <br />Based on the seven mile length and size of the ditch, a conservative estimate of 20 percent ditch loss was <br />assumed to be reasonable for this analysis. Therefore, the average historic delivery to the Heaton property <br />was estimated to equal four percent of the river diversion, less twenty percent ditch loss. These values are <br />shown in Table 2. Historic deliveries ranged from 77.0 ac -ft /yr to 280.8 ac -ft /yr, and an average of 163.4 <br />ac -ft /yr was delivered to the Heaton property. This is the delivery that can be expected to be available on <br />average in the future for possible diversion into storage or for other uses. <br />