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1. Right to Terminate the Offset Account. <br />The States will not exercise their right to terminate the Offset Account Resolution <br />' pursuant to paragraph 17.A of the Offset Account Resolution. <br />' 2. Use of the Offset Account. <br />The Colorado State Engineer and the Division Engineer for Water Division 2 will <br />' require well users subject to Rules 3 and 4, except for well users subject to Rule 4.Lb,of the <br />' Amended Rules and Regulations Governing the Diversion and Use of Tributary Ground Water in <br />the Arkansas River Basin, Colorado ( "Use Rules ") (Exhibit J.I to the draft Decree), and ground <br />water users with Post -1985 structures or uses located downstream of John Martin Reservoir that <br />' are included in the LAWMA plan for augmentation decreed in Case No. 02CW 181 ( LAWMA <br />Decree) to deliver replacement water to the Offset Account to replace their depletions to usable <br />Stateline flow, to the extent LAWMA can do so legally and physically, as a condition of <br />1 approval of the annual replacement plans in accordance with the Use Rules; provided, however, <br />that: <br />' a. Delivery of replacement water to the Offset Account shall not be required <br />if the Offset Account is full; <br />' b. If the Offset Account is full, Colorado will obtain credit for the <br />consumptive portion of the direct -flow yield of the Highland Canal water <br />' rights as input to the H -I Model as a special water at John Martin <br />IReservoir; and <br />IC. Delivery of replacement water to the Offset Account shall not be required <br />for sources that are not approved to be delivered to the Offset Account <br />2 <br />