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<br />" <br />. <br /> <br />. <br /> <br />D. If the AD Application is for a well, following approval of the AD Application by the District, <br />which approval may be contingent on Colorado Water Conservation Board ("CWCB") or State <br />Engineer approval as required hereunder and/or the granting of a well penn it by the State Engineer, a <br />completed well pennit application, together with the appropriate state fee, shall be submitted to the <br />Division Engineer, together with proof of the District's approval of the Application. <br /> <br />- <br /> <br />E. The District shall, upon District approval of an AD Application: <br /> <br />(1) submitthe AD Application and any supplemental material to the Division Engineer for <br />a detennination of whether the proposed diversion may be considered an Authorized Diversion and can <br />be administered under this E/ A Plan. See paragraph 8(H) below; <br /> <br />(2) submit the AD Application and supplemental material to the CWCB, if required <br />hereunder. See paragraph 8(F) below; <br /> <br />(3) give notice to panies to the AD Application pursuant to paragraph 8(H) herein; and <br /> <br />(4) publish notice ofthe AD Application in the Water Resume as an effectuation ofthis E/ A <br /> <br />Plan. <br /> <br />F. CWCB Review. If Reouired. <br /> <br />(1) The CWCB currently holds instream flow water rights in Water Division No.7 on the e <br />Dolores River System and may acquire additional instream flow water rights on the System. Depletions <br />from cenain streams under this E/A Plan by proposed Authorized Diversions could impact CWCB <br />instream flow rights in the Dolores River System if such depletions are not replaced by releases from <br />Groundhog Reservoir or otherwise. <br /> <br />(2) Unreplaced depletions impacting CWCB instream flow water rights from structures <br />participating in this E/ A Plan shall be allowed and shall not constitute injury to a CWCB instream flow <br />right, under Rule 9.30 of the CWCB Instream Flow Rules (the "De Minimis Rule") concerning the <br />Colorado Instream Flow Program, subject to the limitations listed below. Under the De Minimis Rule, <br />the "Allowed De Minimis Depletion" is defined as 1 % of the decreed instantaneous flow rate for the <br />CWCB in stream flow water right for a stream reach affected by a proposed Authorized Diversion. To <br />detenninethatan unreplaced depletion from a proposed Authorized Diversion does not constitute injury <br />to a CWCB instream flow right, the following actions shall occur: <br /> <br />(a) upon receipt and consideration of an AD Application, the District shall calculate <br />the cumulative total of out-of-priority unreplaced depletions that may impact an instream flow water <br />right from the following: <br /> <br />(i) any water uses covered by this E/ A plan, including the pending AD <br />Applications, that are: <br /> <br />a. junior in priority to a potentially affected instream flow water right; or <br /> <br />e <br /> <br />10 <br />