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Case No. 86CW330 <br />Page 5 <br />priority applied for in Case No. 86CW329 and the Application in Case <br />No. 87CW392 in any single winter month (October 1- February 29), <br />shall be no greater than 4 acre feet. <br />ii. The maximum consumptive use of water under this plan for <br />augmentation and exchange (Case No. 86CW330), the priority applied <br />for in Case No. 86CW329 and the Application in Case No. 87CW392 from <br />the Blue River during March shall be no greater than 5 acre feet. <br />iii. So long as Qillon utilizes the Dillon/Silverthorne Joint <br />Authority Wastewater Treatment Plant or another central wastewater <br />treatment plant, which returns effluent at or above the present <br />outfall of the Dillon/SilverthorneJoint. Authority Wastewater <br />Treatment Plant, consumptive use as specified in paragraphs i and ii <br />above shall be determined to be 5% of raw water diversions. <br />iv. No portion of Dillon's 45 acre foot allocation from the <br />Denver/Summit County Agreement may be used for snowmaking. <br />v. During the months of October through March, no portion of <br />Dillon's 45 acre foot allocation from the Denver/Summit County <br />Agreement may be diverted to storage. <br />b. Applicant has entered into a Stipulation with Denver dated November <br />10, 1992 attached hereto. The terms of said stipulation are incorporated <br />herein by reference. Additionally, diversions by the Applicant at the <br />Dillon Blue River Intake are subject to the Dillon-Blue River Intake <br />Agreement between the Applicant and Denver dated October 20, 1992. <br />c. Applicant has entered into a Stipulation with the City of Colorado <br />Springs dated April 18, 1991 attached hereto. The terms of said <br />stipulation are incorporated herein by reference. <br />d. Applicant has entered into a Stipulation with the Town of <br />Silverthorne dated November 13, 1992 attached hereto. The terms of said <br />Stipulation are incorporated herein by reference. <br />14. Finding of No Injury. The Court finds that the plan for augmentation, if <br />operated as described above, is adequate to prevent injury to any other owners <br />or users of water rights resulting from the out-of-priority diversions from the <br />Blue River Intake, and therefore, should be decreed. <br />CONCLUSIONS OF LAW <br />15. This Application was filed pursuant to the special statutory procedures <br />contained in §§37-92-301 through 37-92-306, C.R.S. <br />15. This Court has jurisdiction over the Application and all owners and users <br />of water rights in Water Division No. 5, whether they have appeared or not. <br />17. Applicant has demonstrated that it is entitled to the conditional water <br />right sought herein as a matter of law.