PROJ01754

• Contract/PO #: FS0043X
• Contractor Name: Colorado Department of Corrections
• Contract Type: Miscellaneous
• Water District: 0
• Loan Projects - Doc Type: Application

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9.3 The Applicants reached a Stipulation with Opposer, Colorado Water
Conservation Board on March 18, 2000. The Stipulation requires that the
following subparagraphs appear in the Judgment and Decree verbatim:

9.3.1 The Applicants agree that the change of water rights described in
their Amended Application shall not result in an expansion of the historic use
of the changed rights. As a result, the Applicants agree that the average
depletions in excess of the amounts decreed previously in Water Division 5,
Case No. W-3758, will not exceed 24.98 acre feetl. This amount is the
equivalent of the historic depletion due to the irrigation of 17.57 acres. The
Applicants will dry up 17.57 acres to generate sufficient consumptive use
credits for the plan.

9.3.2 During the tmgation season, the Applicants agree that any
depletions to the stream caused by their pumping above the amounts decreed in
Case No. W-3758, will be replaced:

a) for depletions from Rifle Gap State Recreation Well NO.2 and
Rifle Correctional Center Well No. 5 by allowing the replacement
water to bypass the head gate of the Heinze Ditch and remain in Middle
Rifle Creek;

b) for depletions from all other wells either by allowing the
replacement water to bypass the headgate of the Heinze Ditch and
remain in Middle Rifle Creek or by releasing water from storage in
RCC Reservoir No.1.

9.3.3 The Applicants agree further that during the non-irrigation season,
when the Middle Rifle Creek Instream Flow is not being satisfied in the reach
between the location of Rifle Gap State Recreational Area Well NO.2 and the
location of the outlet for Rifle Correctional Center Reservoir No.1, Rifle Gap
State Recreational Area Well NO.2 shall not pump water above the amount
approved in Case No. W-3758 unless such depletions are replaced to the
stream at or above Rifle Gap State Recreational Area Well NO.2.

9.3.4 The Applicants agree further that during the non-irrigation season,
when the Middle Rifle Creek Instream Flow is not being satisfied in the reach
between the location of Rifle Correctional Center Well NO.5 and the outlet for
Rifle Correctional Center Reservoir No.1, Rifle Correctional Center Well No.
5 shall not be used to pump water, unless such depletions are replaced to the
stream at or above Rifle Correctional Center Well No.5.

9.3.5 The Applicants shall install and maintain such measuring devices on
its facilities and maintain such records as the Division Engineer may require for

I Please note that the numbers in this paragraph are based upon the Stipulation withCWCB & will be changed
with their permission.

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