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Case No. 87CW392 <br />Page 4 <br />1. Town of Di]]on Straight Creek Diversion: The point of diversion is a <br />point on the south bank of Straight Creek whence the SW corner of §4, TSS, R77W, <br />6th P.M. bears S18°13'W a distance of 2650 feet. In Case Nos. W-12, W-13 and W- <br />402, this Court decreed this structure as a point of diversion for 3.5 cfs of the <br />Straight Creek Ditch, appropriation date April 18, 1899 and an adjudication date <br />of March 2, 1910. The Applicant claims a conditional water right for 1.5 cfs <br />from this structure in addition to the 3.5 cfs already decreed to this structure <br />with an appropriation date of September 29, 1987. <br />J. Town of Dillon Laskey Gulch Diversion: 7he point of diversion is a <br />point on the right bank of Laskey Gulch, a tributary of Straight Creek, whence <br />the W4 corner of §4, T5S, R77W, 6th P.M. bears S43°46'55"W a distance of 1457.90 <br />feet. This structure was already decreed in Case Nos. W-12, W-13 and W-402 as <br />an alternate point of diversion for 3.5 cfs of the Straight Creek Ditch water <br />right as identified in 16.i above. <br />7. Water Rights to be Used for Augmentation: <br />a. Dillon Reservoir: Decreed in Civil Action No. 1803 by the District <br />Court for Summit County on March 10, 1952 with an appropriation date of January <br />9, 1939 for 46 acre feet of storage (hereinafter "Old Dillon Reservoir"). <br />b. Green Mountain Reservoir: The Green Mountain Reservoir fills from the <br />Blue River above Kremmling. It was constructed in accordance with the provisions <br />of Senate Document No. 80 (Act of August 9, 1937, 50 Stat. 564), and operated in <br />accordance with the Operating Policy established by the Bureau of Reclamation, <br />48 Fed. Reg. 56657-8 (1983).. <br />c. Lake 6ranby: Lake Granby, with the source being the Colorado River <br />above the Granby Dam located in §10 and §11, T2N, R76W, 6th P.M. The Town of <br />Dillon may in the future seek an allotment under the "Windy Gap Agreement" dated <br />April 30, 1980, and supplement dated March 29, 1985. <br />Prior to the operation of the plan for augmentation decreed herein, the Applicant <br />shall certify to the Division Engineer the sources of augmentation water <br />available to the Applicant and provide documentation reporting the availability <br />of that augmentation water. TheApplicant shall revise that certification at any <br />time it acquires additional augmentation water or no longer has any of the <br />sources certified available to it. This requirement to certify sha17 not affect <br />the use of the structures named in 16 as alternate points of diversion or under <br />conditional water rights adjudicated to them. <br />8. Description of Plan for Augmentation and Exchange: When diversions by the <br />Applicant at the points of diversion described in 16 above are out-of-priority, <br />Applicant may continue its diversions when it can release water from the sources <br />described in 17 above in an amount equal to the net depletions to the B1ue River. <br />However, an augmentation plan and exchange to allow out-of-priority diversions <br />at the Dillon Blue River Intake as described in 16.1'. to be augmented by releases <br />from Old Dillon Reservoir as described in 17.a above has been decreed in Case No. <br />86CW330 and is not affected by the entry of this decree. If Applicant makes <br />augmentation releases pursuant to the plan for augmentation decreed herein from <br />the Old Dillon Reservoir as described in 17.a. above, Applicant shall be given <br />augmentation credit for 50% of the amount released. Net depletions to the Blue <br />River shall be determined in accordance with qll and 112 below. Water will be <br />delivered from Old Dillon Reservoir to the Blue River at or above the confluence