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I� <br />Rule 4. Lb, of the Use Rules using a presumptive stream depletion percentage of thirty -nine <br />percent (39 %) of the amount diverted for supplemental flood and furrow irrigation or, in the <br />alternative, if the use of 39% is prohibited by a final Water Court order, determine stream <br />depletions using the presumptive stream depletion percentage specified in the Use Rules for <br />supplemental flood and furrow irrigation and, further, require well users to deliver an additional <br />amount of water to the Offset Account equal to the difference between 39% and the percentage <br />specified in the Use Rules for supplemental flood and furrow irrigation; provided, further, that if <br />a final Water Court order requires the use of a presumptive depletion percentage of more than <br />39% for diversions of ground water used as a supplemental supply for some but not all <br />diversions of ground water used as a supplemental supply for flood and furrow irrigation by <br />users in a plan approved by the State and Division Engineers under Rules 3 and 4, except for <br />well users subject to Rule 4. Lb, then the State and Division Engineers shall determine the stream <br />depletion percentage for all users in the plan using a weighted average and shall then require well <br />users to deliver an additional amount of water to the Offset Account equal to the difference <br />between 39% and the weighted average, if the weighted average is less than 39 %. <br />4. Dispute resolution. <br />Disputes between Kansas and Colorado regarding inflows or credits to the Offset <br />Account delivered pursuant to Paragraph 4 of the Offset Account Resolution will be resolved in <br />accordance with the Fast Track Issue Resolution Procedure in the Dispute Resolution Procedure <br />set forth in Appendix H of the draft Decree. <br />5. Five -year review. <br />The States will conduct a review of the operations of the Offset Account <br />Resolution and the Offset Account Crediting Agreement, as well as the provisions of this <br />0 <br />