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Decree <br />Colorado Water Trust and <br />Colorado River Water Conservation District <br />Case No. 05CW265 <br />Page 7 <br />beneficial use at any time. Nothing herein shall prevent the River District from carrying <br />over the HCU Credits in Wolford Mountain Reservoir from one year to the next, or from <br />releasing and using any HCU Credits stored in Green Mountain Reservoir and/or <br />Wolford Mountain Reservoir at any time of the year. <br />C. The volume of HCU Credits generated by the Subject Water Rights shall <br />be limited to the volumes set forth in the tables in Paragraph 8.B.1 above, and generated <br />at the rates set forth in Paragraph 8.B.2 above. <br />D. The Subject Water Rights may be exercised, and HCU Credits shall accrue, <br />only when the Subject Water Rights are in priority. HCU Credits will be limited to the <br />amount of water legally and physically available to the Subject Water Rights at their <br />original point of diversion. <br />E. The headgate of the Subject Water Rights was located on Boulder Creek, a <br />tributary to the Blue River. As a result, the Subject Water Rights could not historically <br />"call" upon water rights diverting from the Blue River. Accordingly, as changed herein, <br />the Subject Water Rights may not exercise a "call" upon any water rights diverting water <br />from the Blue River. However, the HCU Credits produced by virtue of the lawful <br />exercise of the Subject Water Rights shall be protected from diversion by others pursuant <br />to Paragraph 8(B)(3) above. <br />F. The Applicant shall account for the HCU Credits generated by the Subject <br />Water Rights, and shall provide such accounting to the Division Engineer, and to any <br />party that requests it, at least monthly during the season of use of the Subject Water <br />Rights. <br />G. The Acquisition Agreement expressly prohibits the Applicants from <br />exercising the right to use the HCU Credits via exchange to uses located upstream from <br />Green Mountain Reservoir, or on the Colorado River upstream of the confluence with the <br />Blue River. Notwithstanding the foregoing, the CWCB has consented to storage of the <br />HCU Credits by the River District in Wolford Mountain Reservoir for subsequent release <br />for beneficial uses by the River District or its assigns in a manner consistent with the uses <br />contemplated by the River District's decrees for Wolford Mountain Reservoir, so long as <br />such use does not cause injury to any instream flow water rights held by the CWCB. <br />H. Pursuant to C.R.S. § 37 -83 -101, the Division Engineer shall assess <br />appropriate transit losses on the amount of HCU Credits conveyed through the Blue <br />River and the Colorado River pursuant to this change of water rights. <br />00029181 <br />