Prehearing Statement of the Town of Dillon

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Case No. 86CM'330 Page 2 6. Structure to be Augmented: The Dillon Blue River Intake, conditionally decreed in Case No. 86CW329 located within the high water line of Dillon Reservoir in the Sk of the SE4 of §7, T5S, R77W of the 6th P.M. or the Sz of the SW'; of §8, T5S, R77W of 6th P.M. or the Nk of the NW4 of §17, T5S, R77W of the 6th P.M. or the N%z of the NE; of §18, T5S, R77W of the 6th P.M., Summit County, Colorado. 7. water Rights to Be Used for Augmentation: Dillon Reservoir, decreed in Civil Action No. 1803 by the District Court for Summit County on March 10, 1952 with an appropriation date of January 9, 1939 for 46 acre feet of storage (hereinafter "Old Dillon Reservoir"). 8. Description of Plan for Augmentation and Exchange: When diversions by the Applicant at the Dillon B1ue River Intake are out-of-priority, Applicant may continue its diversions when it can release water from Old Dillon Reservoir in an amount equal to the net depletions to the Blue River. Net depletions to the Blue River shall be determined in accordance with paragraphs 11 and 12 below.. Water shall be delivered from Old Dillon Reservoir to the Blue River at the confluence of Salt Lick Gulch and the Blue River in the SW; of the SE4 of §12, T5S, R78W of the 6th P.M., Summit County, Colorado. Applicant shall make the releases from Old Dillon Reservoir at times requested by the Division Engineer or Water Commissioner. Applicant shall not be required to make replacement under this subparagraph if there are no senior unsatisfied rights below Denver's Dillon Reservoir. 9. Compliance with the Surtmit County/Denver Agreement: To the extent that 0.58 acre feet of replacement water shall be furnished to Denver for each acre foot diverted out of priority by the Applicant, Denver will not utilize its water rights to prevent the operation of the subject augmentation or exchange plan pursuant to the terms of the Summit County/Denver Agreement dated September 18, 1985. The water to be furnished to Denver by the Applicant may include water from Old Dillon Reservoir, Green Mountain Reservoir, Granby Reservoir or other sources permitted by the Summit County/Denver Agreement,.provided that if water is supplied from Old Dillon Reservoir, the water is released at times requested by Denver. Should Applicant not furnish Denver with the requisite amount of replacement water pursuant to the Summit rounty/Denvzr Agreement, the Apalicant's diversions hereunder shall be reduced accordingly. 10. Appropriation of Exchange: The Applicant seeks confirmation of its appropriation of a conditional exchange of water released from Old Dillon Reservoir up the Blue River from the confluence of Salt Lick Gulch and the Blue River at the location described in 18 above to the Dillon Blue River Intake. The date of priority for this conditional exchange is May 6, 1986, which is the date that the Applicant entered into a"Water Users Agreement" with the Board of County Commissioners of Summit County allocating 45 acre feet of 3100 acre feet of water as more particularly described in paragraphs 3,4 and 5 of Summit County/Denver Agreement dated September 18, 1985. This exchange and this plan for augmentation may be operated to permit diyersions up to a maximum of 3.5 c.f.s. and a maximum annual diversion of 250 acre feet. These maximums shall not apply at the foliowing time: (1) when the Applicant is diverting water from the Blue River under the Dillon Blue River Intake priority awarded in Case No.