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I I I I I I I I I I I I I I I I I I I \ CWCB has exempted a specific stream segment from further "de minimusII depletions pursuant to Rule 9.33 of the Rules and Regulations Concerning the Colorado Instream Flow and Natural Lake Level Program, Applicant shall not agree to augment under this plan any additional uses to that instream flow segment that may further increase the unreplaced depletions described in paragraph 22a. above. As provided above, this plan does not grant an exclusive right ~o the Applicant to incur de minimis depletions to CWCB instream flow rights-"_ Notwithstanding these provisions, should an application be filed in Water Court for a structure or water use that may cause such cumulative total to exceed one percent of the decreed instantaneous flow rate for such an instream flow right, Applicant shall not be required to remove from this augmentation plan any structures or uses already accepted into this plan or to reduce depletions from any structures or uses already accepted into this plan. 23. Except as specifically described herein, or except as separately decreed or administratively approved, replacement of out-of-pri,ori ty depletions ,pursuant to th,is, _plan shall ocyur, at the Rio Grande mainstem. Replacement of out-of-priority _ depletions from structures which divert water tributary to the Closed Basin and wells diverting w'ater from the confined aquifer , shall occur directly to those sources. Such replacement shall occur through faciliti-es approved by the Division Engineer--':or such purposes. The Applicant shall have agreements in place with the owners of such facilities before using such for this purpose. 24. The replacement requirement for uses to be augmented under this plan shall be established using the criteria on the attached Exhibit A, which shall be used until such time as the State Engineer requires actual measurements or Applicant elects to obtain and report actual measurements of water use. 25. The owners of all structures augmented under this plan will be required to install and maintain measuring devices on such structures, or to provide water use and depletion accounting forms sufficient to meet reasonable accounting needs of the State and Division Engineers. 26. The Division Engineer has statutory authority to calculate and adjust transportation losses for releases of stored water and to assess a transportation charge from time to time in accordance with facts hereafter developed. Applicant shall account for such charges in ?ccordance with the procedures lawfully established by the Division Engineer. Applicant shall Il~Ol j:\SLVW<.:D\rulinq-10 A7