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(b) In addition, should the Division Engineer allow the District to store <br />the water changed herein out-of-priority as allowed by section 37-80-120(l), <br />C.R.S. (2008), the District shall release, in the same reservoir accounting year, <br />such water stored out-of-priority on demand (made in the same reservoir <br />accounting year) of a downstream senior water storage right with a priority date <br />senior to October 30, 2007 and that is located on Morrison Creek or the Yampa <br />River between Morrison Creek Reservoir and the confluence of the Yampa River <br />and Walton Creek whenever needed by such senior for its decreed uses in the <br />same reservoir accounting year. <br />(3) In order to recognize the draft on Morrison Creek of the Pleasant Valley <br />Reservoir Water Right, and to avoid an enlarged draft on the Morrison Creek basin, <br />during such times when the District is filling under the 2001 Pleasant Valley Reservoir <br />Right, the District shall not place a call on any water rights with priority senior to <br />October 30, 2007. Additionally, during such times when the District is filling Morrison <br />Creek Reservoir under the Pleasant Valley Feeder Canal 1959 or 2001 Rights, the District <br />shall not place a call on any water rights diverting from Morrison Creek with priorities <br />senior to October 30, 2007. <br />(4) So as not to enlarge the draft on Walton Creek, the District will only divert <br />the Pleasant Valley Feeder Canal 1959 or 2001 Rights at Morrison Creek Reservoir when <br />the flows in Walton Creek exceed 289 cfs. During such times when the District is filling <br />Morrison Creek Reservoir under the Pleasant Valley Feeder Canal 1959 or 2001 Rights, <br />the District shall not place a call on any water rights diverting from Morrison Creek with <br />priorities senior to October 30, 2007. <br />(5) Bypasses made by the District under Subparagraph B.(I) above for the <br />benefit of the Colorado Water Conservation Board's instream flow right on the Yampa <br />River as decreed in Case No. OICW106 may also be accounted to meet the bypasses <br />required under Subparagraph B.(2) above for calling water rights senior to October 30, <br />2007 then diverting between the inlet to Lake Catamount and the confluence of the <br />Yampa River and Walton Creek, less transit losses, if any, between Morrison Creek <br />Reservoir and the inlet to Lake Catamount. <br />C. Contract releases. Contract releases of the Pleasant Valley Project Rights as <br />changed herein and stored in Morrison Creek Reservoir or in Stagecoach Reservoir after <br />delivery from Morrison Creek Reservoir in the same water administration year shall be in <br />addition to any minimum by-pass or release obligations that exist or may be imposed for <br />the respective reservoir. <br />CASE NO. 07CW61 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, <br />AND JUDGMENT AND DECREE <br />PAGE 10 <br />