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<br />. <br /> <br />In accordance with the provisions of Section 37-92-102(3), 10 C.R.S. (1998), the instream <br />flow water rights sought by the Board on Corral and Bear Creeks are subject to the <br />historical diversion practices of the Applicant. <br /> <br />. The historical diversion practices at the OELS property consist of diverting 6.75 acre-feet <br />per year. The stream depletions from in-building water usage, evaporation losses from <br />reservoirs (not including Jackson Trout Pond) and wastewater lagoons, and irrigation in <br />existence amount to 3.23 acre-feet per year. Accordingly, the Board's instream flow water <br />rights are subordinated to the historical uses of water up to a volumetric limit of 6.75 acre- <br />feet per year, plus the storage of water in the Haystack Gulch Reservoirs 1 and 2. <br /> <br />. Applicant acknowledges that the right to exchange the Hodgson Ditch water to upstream <br />points is junior to the Board's instream flow rights on Corral and Bear Creeks. <br /> <br />. Applicant agrees to install and maintain measuring devices, as well as, implementing water <br />accounting procedures that may be required by the State Engineer for the administration of <br />this augmentation plan. <br /> <br />L:\wctrans\secc\boardmem\jan 99\Item 8a(1), resolved cases, Jan 99 <br /> <br />. <br /> <br />. <br /> <br />. <br />