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<br />tit <br /> <br />tit <br /> <br />e <br /> <br />an instream flow water right on any stream segment, the District shall not agree to <br />augment under this plan any additional uses that may further increase such <br />cumulative total on that particular segment; and <br /> <br />(d) <br /> <br />Once the CWCB has notified the District that the CWCB has exempted a specific stream <br />segment from further "de minimus" depletions pursuant to Rule 9.33 of the Rules <br />concerning the Colorado Instream Flow and Natural Lake Level Program, The District shall <br />not agree to augment under this plan any additional uses to that ISF segment that may <br />further increase the unreplaced depletions described above. <br /> <br />As provided above, this plan does not grant an exclusive right to the District to incur de minimis <br />depletions to CWCB instream flow rights. Notwithstanding these provisions, should an application <br />be filed in Water Court for a structure or water use that may cause such cumulative total to exceed <br />one percent of the decreed instantaneous flow rate for such an instream flow right, the District shall <br />not be required to remove from this augmentation plan any structures or uses already accepted into <br />this plan, or to reduce depletions from any structures or uses already accepted into this plan. <br /> <br />In addition to the above, the District and the CWCB have agreed to the following: <br /> <br />The District shall make available an engineer for consultation with CWCB staff for the purpose <br />of determining whether an Applicant can be served or an Application modified to prevent more <br />than de minimis injury to an instream flow right impacted by the proposed diversion. <br /> <br />The CWCB agrees to work with the District and the AD Applicant to resolve any CWCB <br />objection to the Application. <br /> <br />The CWCB shall inform the District when the total depletions from Authorized Diversions under <br />this EfA Plan reach eighty percent (80%) of any allowed de minimis injury amount for a decreed <br />CWCB instream flow reach under CWCB rules and regulations or policies. <br />After the total depletions from Authorized Diversions under the Ef A Plan reach ninety percent <br />(90%) of the allowed de minimis injury amount fof a decreed CWCB instream flow reach, the <br />District shall work with the CWCB to allow additional Authorized Diversions on that reach by: <br /> <br />(a) reviewing actual depletions under the EfA Plan for that. reach as opposed to the <br />theoretical calculation of such depletions, since actual depletions are anticipated to be less <br />than the calculated depletions, and developing a plan to determine the frequency at which <br />the stream flow in the potentially impacted stream reach drops below the decreed <br />instream flow amount, as measured at the downstream end of the potentially impacted <br />decreed stream reach; and/or <br />(b) developing methods to mitigate the impact of additional proposed Authorized Diversions. <br />Such methods might include, but are not limited to, upstream storage, curtailment of <br />some uses junior to the instream flow (e.g. irrigation from wells) and short term <br />curtailment of a portion of water rights senior to the instream flow in order to augment <br />the stream flow. <br /> <br />Flood Control and Floodplain Management -Lany Lang, Chief. Wate! 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 />