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South Platte Non -irrigation Season Administration <br />July 27, 2006 <br />Page 4 <br />Appendix A <br />Example <br />Paper Fill Accounting for Out of Priority Storage under 37-50»120 C.R.S. <br />Without out of priority storage, a senior reservoir would have filled sooner. Since out of priority storage is not a <br />decreed right, it has no priority. Thus, out of priority storage should not impact other decreed rights whether junior <br />or senior to the decreed right. To meet the requirements of the out of priority statute and at the same time protect <br />decreed water rights, the Division Engineer's Office should paper fill senior reservoirs as if out of priority storage <br />had not occurred. <br />For example, assume structure A and B are reservoirs and structure C and D are direct flow recharge rights. In our <br />example, assume reservoir A has a decreed and physical capacity of 1000 acre-feet. Also assume reservoir A has <br />820 acre-feet stored in priority as of March 1, 2006, transit losses to A from B are 20 acre-feet and reservoir B has <br />200 acre-feet stored out of priority as of March 1. At this point, we would remove Reservoir A's call and Reservoir <br />A would be paper filled to 1000 acre-feet. Recharge C would be in priority and could take water. Reservoir A could <br />continue to divert any water left in the river under free river unless Recharge D was short and placed a call. <br />Of note, once Reservoir A has paper filled, Reservoir B could continue to divert water under its 1958 water right <br />and release the out of priority water stored delivering it past C to A even if C or D placed a call. <br />If there were more than one user storing out of priority, then we aggregate all out of priority storage in determining <br />when reservoir A is paper full. <br />B (1958) C (1972 recharge) D (1982 recharge) <br />