C150269 feasibility Study

• Contract/PO #: C150269
• Contractor Name: San Luis Valley Water Conservancy District
• Contract Type: Loan
• Water District: 0
• County: Alamosa
• Loan Projects - Doc Type: Feasibility Study

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37-92-602 et seq.; and

2) present uses or exchanges of water being made
by water users pursuant to appropriation or
practices in existence on the date of the
appropriation for the instream flow water right,
whether or not previously confirmed by court order
or decree;

b. at such time as such cumulative total, as
calculated by Applicant, equals or exceeds 80% of the
allowed "de minimus" depletion (defined as 1% of the
decreed instantaneous flow rate for such instream flow
water right), or the CWCB notifies Applicant that such
cumulative total equals or exceeds 80% of that allowed
"de mimimus" depletion level, Applicant shall proceed
as follows with respect to all pending and future
applications to augment uses that may impact such
instream flow water right:

1). Applicant shall submit any such application
fo:r- inclusion in this plan to the CWCB before
app:r-oving any such application., The CWCB shall.
have 45 days to review such application and notify
the Applicant whether or not such water use will
cause such cumulative total depletions to exceed
one percent of the dec:r-eed instantaneous flow rate
fo:r- the instream~ flow right. If the CWCB
determines and notifies the Applicant that the
water use will cause such amount to be exceeded,
the Applicant will not agree to augment that use
under this plan. Failure by the CWCB to give
notice to the Applicant of its determination
regarding any such application within 45 days of
:r-eceipt thereof by the CWCB shall be considered an
approval by the CWCB of such application for
inclusion in this plan; and

2). Once the CWCB has notified the Applicant
and the Division Engineer that such
cumulative total has reached one percent of
the decreed instantaneous flow rate for an
instream flow water right on any stream
segment, Applicant shall not agree to augment
under this plan any additional uses that may
fu:r-ther increase such cumulative total on
that particular segment; and

c. Once the CWCB has notified the Applicant that the

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