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Application of Pueblo, OlCW160 <br />Water Division 2 <br />A. The RICD Water Right decreed herein shall be reduced to the amount of <br />100 cfs during such times as the most recently released Forecast is less than <br />70 %n. <br />B. The RICD Water Right decreed herein shall not be in effect or exercised <br />during the hours of 10:00 pm to 6:00 am. <br />C. The RICD Water Right will be measured at the U.S. Geological Survey <br />stream gauge no. 07099970, Arkansas River at Moffat Street at Pueblo, CO <br />( "Moffat St. Gauge "). The Moffat St. Gauge is an appropriate measuring point <br />for the RICD Water Right because Structure 9 is located at the same location as <br />the Moffat St. Gauge and there are no significant diversions or inflows between <br />Structure 1 and the Moffat St. Gauge. Pueblo will voluntarily participate, <br />together with other parties whose water rights are administered based on <br />readings taken at the Moffat St. Gauge, in the cost of operating and maintaining <br />the accuracy of that gauge and preserving the satellite monitoring capability for <br />the gauge, to the extent such costs are not absorbed by the USGS. <br />D. Pueblo, after consultation with the Flow Management Committee <br />described in the Regional IGA, will work with the Colorado Division of Water <br />Resources ( "Division ") to determine a protocol acceptable to the Division for <br />placing a call for the RICD Water Right decreed herein, and establish an <br />authorized representative for Pueblo for coordinating with the Division. The <br />authorized representative shall notify the Division, on or before March 15 of <br />each year, as to that year's Forecast and the corresponding applicable flow <br />regime as described in paragraph 6.E above. Updates on the Forecast shall be <br />provided monthly to the Division by Pueblo's representative if any change in the <br />Forecast would require a change in the applicable flow regime. <br />E. When Pueblo Reservoir flood control operations are in effect, or for other <br />good and sufficient reasons in an emergency situation, and the responsible <br />governmental agencies have determined that a flow of less than the rate for the <br />RICD Water Right decreed herein should be released from the outlet works for <br />Pueblo Reservoir, the RICD Water Right decreed herein will not impose a call <br />for water that would require releases from Pueblo Reservoir in excess of that <br />being released under flood control operations. <br />8. Availability of Water: Water is available and unappropriated for the non - <br />consumptive uses claimed by this conditional appropriation. <br />9. Reasonable Use: Based on the exhibits and testimony presented to the Colorado <br />Water Conservation Board at its hearing on the RICD Water Right on July 22 -23, 2002, <br />the intended recreation experiences are reasonable. <br />10. No Instream Flow Water Rights in Vicinity: No instream flow rights have <br />been appropriated by the CWCB for any portion of the Arkansas River mainstem in the <br />vicinity of the Whitewater Park. <br />n <br />