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�e AGUA Plan will be o erated in full com liance with the Division 2 rules. Individual artici ants must full com 1 with P P P P Y PY e membership requirements of the AGUA Plan and Division 2 Rules. Participants who fail to do so will be subject to forcement actions by the Division Engineer's Office. Membership Policy: AGUA will annually purchase or lease replacement water, subject to availability, as necessary to meet � e needs of Plan participants, but cannot guarantee a supply su�cient to meet the total augmentation needs in any given year. the event of an insufficient supply, AGUA will equitably allocate the available water as follows: � Current member wells will receive their water first! If a new well is accepted into the augmentation plan, water will be � made available to that well if there is excess water available. In an effort to protect AGUA's current membership, for every year forward, starting November 3`�, 2001, it is agreed that no well will be admitted into AGUA's augmentation plan unless it is determined that sufficient water is available. Such , admittance will be approved by the AGUA Board of Directors. During a dry year, water will be reduced to AGUA's current members according to the following formula: an annual average will be taken of water purchased over the previous five years for each member and for the association as a whole. ' 'The percentage of water available to the association as a whole will be reflected equally in the percenta.ge available to each member. If there is a year in which a member has purchased no water, that year will be included in the average. Lagged depletions will always be credited first. � If a farm unit consisting of multiple wells deactivates a portion of those wells, their 5 year average will be reduced proportionately. (ie if a farm unit had 10 wells and the average was 1,000 af for his 5 year average, and chose to only have 5 wells active, your entitlement would then be 500 af.) � A current member who has belonged to AGUA for less than five years will have his annual average figured while he has been in AGUA and any pumping proven in other years. • Overpumping by anyone will pay all related costs! ►! No excess water will be available in a water short year. OTICE If you receive a letter from the Division Engineer on a matter for your well, please call the office immediately for c arification and quality control. Also, notify AGUA if there is a chan�e in ownershin, user information and change in Augmentation Plan eplacement water owned or leased by AGUA will be made available under the Primary or Supplemental Plans. Plan icipants will be charged based upon water costs and number of wells within the plan. Replacement water will be delivered AGUA at the direction of the Division Engineer, and in accordance with the Division 2 Rules, to replace depletions to senior Colorado water rights and to usable state line flows. �an participants shall be required to submit the amount of well pumping in acre-feet that they want to have augmented not later than January lO and every year after. The amount of water ordered by all participants is due and payable unless sold � another participant in the plan. Plan participants shall also be required to submit a form to AGUA for the Southeastern olorado Water Conservancy District and the Reclamation Reform Act for persons who own or operate 240 acres or more of irri�able land. This form is considered as part of our application process. � ONDITION FOR WHITE AREA WELLS - For wells that do not fall within the boundary in a geographic azea of the rkansas River or Fountain Creek as described by the Division Office. A map of the White, Grey and Blue area is in the AGUA Office. � e approval of the replacement plan is limited to only that pumping which results in depletions which cause injury that can be placed by the water provided by this plan on Fountain Creek or the mainstem of the Arkansas River. If a"White Area" well in this plan causes depletions on a tributary of the Arkansas River, affecting senior surface water rights, where this plan cannot � ovide replacement water, the well will be subject to curtailment until arrangements are made to provide replacement water at point which will preclude injury to the calling senior surface water right on the tributary. If you are an owner of a White area well in this plan, you must understand that the replacement water provided by this plan, at this time, can only be delivered on untain Creek or the mainstem of the Arkansas River unless special water has been found. You may bring water into the plan replace water on that tributary for your depletions if it is approved. White area well owners are still responsible for making arrangements for replacement water on the tributary where their wells are located, if it is required because of a call by a surface � ater right on the tributary. Any well or group of wells requiring a substitute supply plan will bear any additional engineering sts. '