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<br />. <br /> <br />Proposed Decree <br /> <br />The District has agreed to the following terms and conditions, which will provide protection for <br />the Board's instream flow water rights in Water Division 7: <br /> <br />. <br /> <br />e <br /> <br />(a) Upon receipt and consideration of an application for participation in this augmentation plan, <br />the District shall calculate the cumulative total of out-of-priority unreplaced depletions that <br />may impact such an instream flow water right from the following: <br /> <br />(I) Any water uses covered by this Exchange and Augmentation (E/A) plan, including <br />the pending Authorized Diversions (AD) that are: applications for augmentation, <br />that are: <br />(a) junior in priority to a potentially affected instream flow water right; or <br />(b) senior in priority to a potentially affected instream flow water right, to the <br />extent that such depletions would not otherwise occur except for <br />participation in the plan. <br />(2) decreed conditional and absolute water rights that are junior in priority to a <br />potentially affected instream flow water right; and <br />(3) water uses for which applications are pending before the Water Court at the time of <br />the District's calculation, based upon the proposed amount of such depletions. <br /> <br />(b) <br /> <br />The District shall not include in such cumulative total however, depletions from: <br />(1) "exempt wells" permitted pursuant to eR.s. 37-92-602 et seq.; and <br />(2) present uses or exchanges of water being made by water users pursuant to <br />appropriation or practices in existence on the date of the appropriation for the <br />instream flow water right whether or not previously confirmed by court order or <br />decree. <br /> <br />e <br /> <br />(c) At such times as such cumulative total, as calculated by the District, equals or exceeds 80% <br />of the allowed "de minimus" depletion (defined as 1% of the decreed instantaneous flow <br />rate for such instream flow water right), or the CWCB notifies the District that such <br />cumulative total equals or exceeds 80% of that allowed "de minimus" depletion level, the <br />District shall proceed as follows with respect to all pending and future applications to <br />augment uses that may impact such instream flow water right: <br /> <br />(I) The District shall submit any such application for inclusion in this plan to the <br />CWCB before approving any such application. The CWCB shall have 30 working <br />days to review such application and notify the District whether or not such water use <br />will cause such cumulative total to exceed one percent of the decreed instantaneous <br />flow rate for the instream flow right. If the CWCB determines and notifies the <br />District that the water use will cause such amount to be exceeded, the District will <br />not agree to augment that use under this plan; and <br />(2) Once the CWCB has notified the District and the Division Engineer that such <br />cumulative total has reached one percent of the decreed instantaneous flow rate for <br /> <br />Flood Control and Floodplain Management -Larry Lang, Chief. Water Project Planning and Construction- Mike Serlet, Chief. <br />Instream Flows and Water Rights Investigations-Dan Merriman, Chief. Interstate Streams Investigations-Randy Seaholm, Chief. <br />Office of Conservation Planning- William Stanton, Chief. Personnel and Budget -Susan Maul, Chief <br /> <br />e <br />