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Dave Bailey, Esq. <br />November 12, 2010 <br />Page 3 <br />Irrigated Lands and Crops <br />Aerial photography taken in 1953, 1975, 1980, and 1998 was obtained and reviewed to confirm the historic <br />use on this property. The 1953 photograph indicates the existence of a small pond but no structures or <br />buildings. The irrigated acreage in 1953 was approximately 68.9 acres. Based upon interviews with Rosie <br />Heaton, the small pond was enlarged in the 1950's or 1960's. A groundwater right was filed for the <br />enlarged pond in Case No. W -3660, claiming a priority date of September 1, 1960. The 1975 aerial <br />photograph indicated the larger pond and some surrounding development had removed about 16.9 irrigated <br />acres. Additionally, in 1970 or so the Heaton's sold the five acres which had been irrigated in the south <br />east corner of the property. Therefore, we used 68.9 irrigated acres from 1911 to 1961; 52 acres from 1962 <br />to 1969 and 47 acres from 1970 to 1998 in our historic use analysis. The 47 irrigated acres show up on the <br />three later photos. This is a conservative approach since more acres may have been irrigated prior to 1953, <br />depending on the date of construction of the first pond. <br />According to Mr. Adams, they did not attempt to re- irrigate with any of the tailwater. The tailwater <br />typically ran along the road (Hwy 119) and back to the river. Based on conversations with Mr. Adams, we <br />assumed that all of the ditch diversions have historically been used to flood irrigate the property with <br />roughly the following crop distribution: 50 percent silage corn and 50 percent alfalfa. Although Mr. <br />Adams stated that in some years they grew all of one crop or the other, and in some years they grew more <br />alfalfa than corn, we believe this is a conservative estimate for the study period. For this analysis we have <br />assumed that although the number of irrigated acres has varied throughout the study period, the 50/50 <br />percentages of corn and alfalfa have remained constant. <br />There is a decree for two wells, including the pond located on the property. Although the pond was <br />decreed for 1.11 cfs for irrigation use, we have been told by Mrs. Heaton and Mr. Adams that it was not <br />used for irrigation purposes historically. The second well was decreed for domestic uses. Therefore, no <br />other sources of irrigation water have been considered in this analysis. <br />Potential Consumptive Irrigation Requirement <br />A maximum farm efficiency of between 40% and 70% is typical for fields that are flood irrigated. For this <br />property, we estimated that a maximum efficiency of 65% was attainable. Based on average annual pro <br />rata diversions, the potential consumptive irrigation requirement (CIR) for the crop mix described above, a <br />20% conveyance loss, 65% farm efficiency, and varying irrigated acres, the Heaton irrigated fields were <br />often water long (especially in recent years); that is, they often had an adequate supply to fully meet <br />potential consumptive use requirements. Because of the adequate supply, actual efficiencies were often <br />less that 65 %. <br />The CIR was calculated using a modified Blaney - Criddle analysis to determine monthly values for the <br />entire study period utilizing the Longmont 2ESE weather station data which was available for the 1948 <br />through 1998 period for both crops. The 1911 through 1947 period and the few months of missing climate <br />data were filled in with the study period monthly average climate data. The yearly growing season for <br />silage corn was based on the season defined in the Colorado Irrigation Guide for Longmont (May 5th to <br />September 10 ). The yearly growing season for alfalfa varied throughout the study period based on the <br />beginning and ending average 45 degree mean temperature. Crop coefficients for alfalfa and silage corn <br />were determined based on SCS TR -21 growth curves. The average annual CIR values were found to be <br />equal to 1.28 acre -feet per acre and 2.05 acre -feet per acre for silage corn and alfalfa, respectively, as <br />shown in Tables 3 and 4. The average crop irrigation requirements were compared to the Colorado <br />