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Application of Pueblo, O1CW160 <br />Water Division 2 <br />described herein in the claimed amounts during the claimed time periods with an <br />appropriation date of May 15, 2000. The application is granted subject to the terms and <br />conditions described in paragraph 7 above. <br />30. This RICD Water Right decreed herein is based on the control structures as <br />described in paragraph 6.A above. If the actual control structures are constructed in a <br />materially different manner from the design described in paragraph 6.A above or if <br />material modifications to the control structures are made in the future, and if such <br />construction or modification increases the surface area of the Arkansas River in the <br />Whitewater Park thereby creating additional evaporative losses in a manner that <br />injuriously affects the owner of or persons entitled to use water under a vested water <br />right or a decreed conditional water right, a new supplemental water right or a plan for <br />augmentation may be required in accordance with law. Routine repair and maintenance <br />of the control structures shall not be considered to be a material modification. As -built <br />drawings for the control structures are maintained by the U.S. Army Corps of Engineers <br />in its Albuquerque, NM office, as part of the Record Set of the Plans and Drawings for <br />the Arkansas River Fisheries Habitat Restoration, Pueblo, Colorado. The control <br />structures are described in the portion of such drawings depicting the area between <br />Station 404 +00 and Station 482 +00. Such drawings are available to any interested <br />party and may be referenced to assure that the control structures may be accurately <br />replicated in the event of any future damage and so that it can be determined if there is <br />any construction or modification that increases the surface area of the Arkansas River <br />in the Whitewater Park thereby creating additional evaporative losses. <br />31. Applicant shall provide such accounting for the water right adjudicated herein as <br />reasonably requested by the Division Engineer. <br />32. The RICD Water Right and priority granted herein are based on the appropriation <br />date confirmed herein and on the filing of the application in this case in the Water <br />Court in the year of 2001. The RICD Water Right and priority shall be administered as <br />having been filed in 2001, and shall be junior to all water rights granted pursuant to <br />applications filed in previous years. As between all water rights applied for in the same <br />calendar year, priorities_ shall be determined -by historical -dates of appropriation and <br />shall not be affected by the date of application or the date of entry of ruling. <br />33. The conditional RICD Water Right is hereby continued in full force and effect at <br />least until the last day of April, 2012. To maintain this conditional water right, an <br />application for a finding of reasonable diligence shall be filed on or before the last day <br />of April, 2012, or a showing made on or before such date that such conditional water <br />right has become absolute by reason of completion of the appropriation. <br />W <br />