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Town of Silverthorne <br />Case No. 04CW217 <br />Page 4 <br />8. Terms and Conditiowo. The wafier rights decreed herein shall be subject to the <br />followirig terms and conditions: 8.1 The water rights decreed herein sha11 nat be adrninistered in such a manner <br />as to effect a call for water for the purpose of getting water to the Course between the hours of <br />8:00 p.m. and 7:00 a.m. <br />8.2 If the Course should fall into a state of disrepair such that the Course is not <br />used for a period of ten years or more, then, pursuant to C.R.S. §37-92-402(11), a rebuttable <br />presumption of abandonment may aris;e for purposes of the abandonment list procedures. <br />8.3 The amounts for the recreational experiences described in Paragraph 7.4 <br />above may be sought for each identifir,d time period. However, during times when <br />administration of a call for a given recreational experience and amount by State water officials <br />would not in any event produce flows equal to or greater than ten-percent less than the amount <br />sought for that time period for that recreational experience, the call will be presumed futile for <br />that amount and that type of experience, hut Silverthorne nnay seek to enforce an administrative <br />call for the next lower recreationll experience and its corresponding flow amo.unt. By way of <br />example, if a call would not in any event produce at least 540 cfs (600 cfs minus 10% (60)) on <br />7uly 4.for Level Two flows, then Silverthorne cauld seek to enforce a call for 100 cfs for the <br />Level One flows. Likewise, if a call Nvould not in any event produce at least 90 cfs E100 cfs <br />minus 10% (10)j on September 10 foY• LeveI One flows, then Silverthorne would not seek to <br />enforce a call for 100 cfs for the Level One flows. <br />8.4 Applicant acknowledges that Colorado Springs has decreed vvater rights in <br />the Blue River Basin which were decreed prior to the filing of the application in this case and <br />which are senior to the rights being sought herein, described as follows: <br />8.4.1. East Hoosier Ditch (40 c.£s.), East Hoosier Ditch (20 c.f.s.), West <br />Hoosier Ditch (17 c.f.s.), date of adjudication: October 26, 1937; <br />8.4.2. Blue River Ditch (40 c.f.s.), Crystal Ditch (40 c.f.s.), Spruce Ditch <br />(60 c.f.s.), McCullough Ditch (60 c.f.s.), East Hoosier Ditch (50 c.f.s.), Hoosier Ditch (40 c.f.s.), <br />Hoosiex Ditch (20 c.f.s.), Hoosier Tunnel (20 c.f.s.), Blue River, Crystal, Spruce,lVlcCullough, <br />East Haosier & Hoosier Ditches (50 c;.f.s.), date of acijudication: Ma.rch 10, 1952; <br />8.43. Upper I31ue Lake Reservoir (2,140 acre-feet), LQwer Blue Lake <br />Reservoir (1,006 acre-feet), Spruce Lake Reservoir (1,542 acre-feet), Mayflower Reservoir (618 <br />acre-feet), adjudicatzon date: March 10, 1952. Applicant, in operating the water right decreed herein, shall not cause or-precipitate a ca11 or <br />curtailment on the existing decreed conditional or absolute rights of Colorado Springs on the <br />Blue River or its tributaries, directly or indirectIy, as described above. <br />8.5 Any scheduIeci release of water from Dillon Reservoir for the Level Two <br />Flows for the Independence Day and Labor Day holidays shall be made only after consultatian