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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />March 1996 Final <br /> <br />this was the level of depletion without any replacements to Colorado surface rights. When <br />these replacements are made, the depletions to Usable Stateline Flow will be reduced as <br />discussed later. <br /> <br />LA WMA ReDia cement Sources. <br /> <br />The replacement sources considered in the July 1995 report included (1) the Kansas <br />Transit Loss Account, (2) return flow from the Fryingpan-Arkansas Project water used by <br />LAWMA's Fort Lyon members, (3) the Stubbs water right, (4) a total of 1,436 shares in Fort <br />Bent Ditch Company, (5) a total of 50 shares in Lamar Canal and Irrigation Company, (6) <br />Lamar Canal water available under LAWMA's agreement with Colorado Beef, (7) the X-V <br />Ranch water rights, (8) the Manvel Canal water rights, and (9) annual water purchases. <br />LA WMA' s X-V and Manvel water rights were discussed in detail in a preceding report section. <br />The other replacement sources are described briefly in the following paragraphs. <br /> <br />The Kansas Transit Loss Account. The 1980 Operating Plan for John Martin Reservoir <br />created a transit loss account to assist in delivering Kansas' account water to the Stateline. <br />Water for the account is obtained from the 35 percent storage charge applied against "Other <br />Water" stored in the "Article III" Accounts. The Amity Mutual Irrigation Company, the Fort <br />Lyon Canal Company, and the Las Animas Consolidated Canal Company have these Article <br />III Accounts, but water deliveries into these accounts have been made primarily by the Amity <br />Mutual Irrigation Company and Fort Lyon Canal Company. As necessary, this water is <br />released to supply the transit losses that occur in the delivery of Kansas's Article II water to <br />the Stateline. <br /> <br />LAWMA has calculated in its augmentation program a replacement credit to Colorado <br />surface rights for part of these releases. Most of the transit loss is what is referred to as <br />"bank storage", Le., water that leaks from the river channel into the alluvium. Since this <br />leakage is to a large extent induced by well pumping, the releases from the Kansas transit loss <br />are de facto replacements for well depletions. Although the Special Master rejected <br />Colorado's argument that the 1980 Operating Plan should offset depletions to Kansas <br />(because it was separately bargained for), LAWMA believes it is appropriate to recognize this <br /> <br />12 <br />