BOARD00379

• Board Meeting Date: 9/24/2001
• Description: ISF Section - Case Resolution: Case No. 1-94CW290 Buffalo Park Development Co. et al
• Board Meetings - Doc Type: Memo

request for the release of the; water described in (iv) and
(v), above, by the dates specif:ied, said water automatically .
becomes the property of MMRC and is available for
augmentation and replacement purposes.

vii. No later than Mqy 31 of each storage season,
twenty percent of the water stored under the Soda Lakes
Reservoir Nos. 1 and 2 storage priorities for the benefit of
MMRC between November 1 and the following May 31 of each
water year is released to Turkey Creek in accordance with the
direction of the State water administration officials. The
twenty percent figure represents historic surface water
return flows associated with the subject water rights.

viii. No later than November 30 of each water year,
twenty percent of the water stored under the Soda Lakes
Reservoir Nos. 1 and 2 storqge :priorities for the benefit of
MMRC between June 1 and the following October 31 of each
calendar year is released to Turkey Creek in accordance with
the direction of the State wat!er administration officials.
The twenty percent figure represents historic surface water
return flows associated with the subject water rights.

ix. MMRC is assessed a proportionate amount of the
evaporation and seepage losses from the Soda Lakes Reservoir
Nos. 1 and 2. The same standard for evaporation and seepage
losses applies to all water st9red in the Soda Lakes system;
provided, however, that until ~n actual record of evaporation
.and seepage. losses is established, three acre feet of the
water stored in MMRC's account 'each year is reserved for such
purposes.

x. Any release of MMRC' s water stored in the Soda
Lakes system to Turkey Creek or the Harriman Ditch for
augmentation and replacement ,purposes, or for purposes of
filling tank trucks, shall :be in accordance with the
operating rules and regulations of the Soda Lakes Reservoir
and Mineral Water Company. I

4.2 MMRC's interests in the : Harriman Ditch, Warrior Ditch
and Soda Lakes Reservoir Nos. 1 and 2 water rights, as described
above, are approved for the follo.wing purposes: augmentation,
replacement, exchange, substitution, storage, and the right to
use, reuse and make a succession of uses of such water to
extinction, either directly or by ~xchange. Direct use of these
rights includes, but is not limit~d to, leaving the consumptive
use water in the stream to augment well depletions or as
replacement water for well depletions. Diversion of this water by
exchange into Meadowview Reservoir and Sprucedale Reservoir may be
done pursuant to the appropriative rights of substitution and
. e.xchange decreed herein.. .

4.3

The court finds that:, subject to the terms and
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