2012-12-26_HYDROLOGY - M2003091 - Laserfiche WebLink

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Dave Bailey, Esq. November 12, 2010 Page 5 The return flow factors in Table 8 can be applied to the future deliveries of its Rural Ditch water to the Heaton Reservoir or for other uses requested in the application. The return flow obligation should be released from the reservoir at as constant a rate as possible during the month whenever there is a valid downstream call. From May through September, the amount released to the stream will be calculated by multiplying the monthly factor in Table 8 by the daily diversion to the reservoir during that month. During the October to April period, the amount released to the stream will be calculated by multiplying the monthly factor by the previous irrigation season total deliveries. COMMENTS The Rural Ditch priorities are very senior and reliable water rights. The Rural Ditch is the last ditch in the water district and is essentially not subject to any intra -basin calls. Diversions throughout the study period do not indicate any decline in use over the years, as average diversions in recent years are actually greater than the earlier portion of the study period. With storage capacity, the average historic yield of 90.1 ac- ft/yr from these shares could provide an excellent augmentation supply. It is our understanding that there are currently other gravel pit operations that are using Rural Ditch shares in Substitute Water Supply Plans. We also note that two water rights applications involving the Rural Ditch have been filed. One of the applications (Case No. 2000CW171) was recently decreed, granting the ditch company itself a water right to return flows to the ditch from a drain located downstream of the Heaton property. Of more interest is a second application (Case No. 98CW427) by the Rademacher Family Partnership, LLLP, which has not been decreed. We understand that this property, which is located only a half mile downstream, has been sold to Colorado State Parks along with the application for a 1,700 ac -ft junior storage right utilizing the Rural Ditch as a diversion structure. Since Lafarge also has a junior storage right application proposing to use the Rural Ditch excess capacity, the Rademacher application could compete with Lafarge for excess capacity in the Rural Ditch. This application was originally filed in 1998, and would be senior to a junior storage right filed by Lafarge. We hope this provides you with the information you need to support these applications. If you have any further questions please do not hesitate to contact me. Very truly yours, BISHOP - BROGDEN ASSOCIATES, INC. Jeffrey A. Clark Principal - Hydrologist JAC /jeb Enclosures cc: Meghan McDonald 9941.03