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Show 362 APPROPRIATION OF WATER served entirely with water released from the reservoir directly into distribution ditches, or (b) partly in that way and partly with natural flow diverted directly from the stream. In the latter case, the stream diversion may be made either through the same headgate that supplies the feeder canal or through a separate one. From the standpoint of rights to store water and to apply stored water to the land, there is no difference between on-channel and off-channel storage. Storage versus regulation.-The storage function consists of impounding water for later use, usually in a later season or later year. A regulating reservoir holds water for brief periods. It is a valuable operational aid in delivering water to meet the fluctuating demands of project irrigators.677 The distinction between these functions is thus set forth in the rules and regulations of the California State Water Resources Control Board pertaining to appropriation of water:678 - The use of a tank or reservoir is considered storage when water is collected during a time of high streamflow and held over for use in a time of deficient streamflow. The quantity of water is expressed as a definite volume. - It is considered regulation if water is collected in order that a supply may be available for use at a rate other than that at which it may be conveniently diverted from the source. The quantity is expressed as a definite rate of flow. - If a tank or reservoir is wholly or partially filled more than once during a single water-year, water held less than 30 days shall be considered regulation and water held for 30 days or more shall be considered storage. - An applicant for a permit to store water must specify the volume and the dates between which storage will be collected. If he proposes to store more than one year's supply in order to secure cyclic or hold-over storage, he must state (a) the maximum quantity to be put into storage in any one year and (b) the maximum annual amount to be drawn from storage. The Colorado Supreme Court recognizes a legal distinction between diversions of water for immediate application to beneficial use and for storage of water for subsequent use. An appropriation for either function is not an appropriation for the other.679 This court holds also that an appropriator cannot claim storage rights for even temporary periods under an appropriation for direct irrigation.680 Nevertheless, the Colorado court agrees realistically that in the practical operation of an irrigation project, water passing through 677 Hutchins, Wells A., "Delivery of Irrigation Water," USDA Tech. Bull. 47 (1928). 678Cal. Admin. Code, tit. 23, § § 685 and 670(b) (1969). 679Holbrook In. Dist. v. Fort Lyon Canal Co., 84 Colo. 174, 191, 269 Pac. 574 (1928). 680Handy Ditch Co. v. Greeley & Loveland In. Co., 86 Colo. 197, 198-200, 280 Pac. 481 (1929). |
