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Decree <br />Colorado Water Trust and <br />Colorado River Water Conservation District <br />Case No. 05CW265 <br />Page 6 <br />shall be conveyed through the CWCB Instream Flow Reaches to the new places of <br />beneficial use, storage, or exchange at or below Green Mountain Reservoir by the <br />Division Engineer, who shall not allow the diversion or consumptive use of the HCU <br />Credits while they are flowing through the CWCB Instream Flow Reaches. <br />4. Use of HCU Credits. <br />(a) Place of use. The HCU Credits will be put to beneficial use <br />on the Blue River downstream of Green Mountain Reservoir; on the Colorado River <br />downstream of the mouth of Muddy Creek; and on Muddy Creek at or downstream of <br />Wolford Mountain Reservoir (pursuant to the Exchange in Paragraph 10 below). <br />(b) Uses allowed. The HCU Credits may be consumptively used <br />at the above- stated locations for the beneficial uses described in Section 8.A above . The <br />water may be used directly for such purposes, and/or it may be used for such purposes by <br />augmentation, replacement and exchange by the River District or its contractors in <br />accordance with applicable law. <br />(c) Reuse. The HCU Credits may be used, reused, and <br />successively used to extinction for the above - stated purposes at the above - stated <br />locations. <br />(d) Storage. The HCU Credits may be stored in Green Mountain <br />Reservoir and in Wolford Mountain Reservoir (pursuant to the Exchange in Paragraph 10 <br />below) for subsequent use. <br />D. Applicants' exercise of the Subject Water Rights to generate HCU Credits <br />will be subject to the terms and conditions set forth in Paragraph 9 below. <br />9. Terms and Conditions. The Court finds that the requested change of water <br />rights can be granted without injury to existing absolute water rights or decreed <br />conditional water rights if the following terms and conditions are imposed: <br />A. The Subject Water Rights shall no longer be used to irrigate the 63 acres <br />historically irrigated thereby, as described above in Paragraph 7, which land will be dried <br />up. Applicants shall remove or render the headgate of the Peabody Ditch #1 inoperable <br />and eradicate the initial reach of the ditch in order to assure to the reasonable satisfaction <br />of the Division Engineer that no irrigation water will be applied to the land that was <br />historically irrigated by the Peabody Ditch No. 1. <br />B. The Subject Water Rights may be exercised for direct flow use or diverted <br />into storage only during the period from May 1 through September 30 of each year. <br />After storage, the Subject Water Rights may be released from storage for subsequent <br />00029181 <br />