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<br />-, <br /> <br /> <br />Reservoir Nos. 1 and 2. The Court finds that the most <br />conservative estimate of storage space available to MMRC in the .. <br />Soda Lakes Reservoirs is 36.58 aCre feet. The figure is subject - <br />to upward adjustment in the future ,as more accurate information <br />becomes available, or provision~ are made by the Soda Lakes <br />Reservoir and Mineral Water Company to allow shareholders to fully <br />utilize water held in the dead storage pool of each Reservoir. <br /> <br />5.5 The average volume of consumptive use water available to <br />MMRC from the Warrior Ditch and Harriman Ditch direct flow and the <br />Soda Lakes Reservoir Nos. 1 and ~ storage rights described above <br />is 89.7 acre feet per year. The firm yield volumes set forth <br />herein are, therefore, subject to up~ard adjustment if the volume <br />of storage space in the Soda Lakes Reservoir Nos. 1 and 2 <br />available to MMRC can be documented as being greater than 36.58 <br />acre feet, andlor if MMRC acquires additional water rights or <br />storage in the Bear Creek/Turkey Creek drainage basin. In the <br />event that MMRC desires to modify the firm yield figures set forth <br />herein due to one of the above referenced events occurring, such a <br />request shall be mailed to all parties herein and published in the <br />Water Resume in an application i'nvol ving a future plan for <br />augmentation in order to allow Opposers and other interested <br />persons and entities to participate and evaluate the basis for the <br />increase. <br /> <br />5.6 The volume of firm yield water committed to this <br />augmentation plan, as well as the volumes committed to all .. <br />existing decreed and currently pepding plans for augmentation _ <br />which utilize the subject MMRC ~ater are summarized in the <br />attached Exhibit "D." Although the terminology is different, <br />Exhibit "D'does not make any change! in the amount of augmentation <br />or exchange water allocated to such cases decreed. Future decrees <br />approving plans for augmentation which utilize the 8ubj ect MMRC <br />water shall contain a revised version of Exhibit "D" as an <br />attachment so that the State water administration officials and <br />others can ensure that there is never an overcammitment of <br />available augmentation and replacement water. <br /> <br />APPROPRIATIVE RIGHTS OF SUBSTITU'1'IO~ AND EXCHANGE (CONDITIONAL): <br /> <br />6.1 MMRC and Buffalo Park seek an adjudication of <br />conditional appropriat~ve rights of substitution and <br />exchange pursuant to Sections 37-80-120 and 37-92- <br />302 (1) (a), 10 C.R.S.(2000). The purposes of the <br />appropriative rights of substitution and exchange are <br />to fill and maintain storage in Meadowview Reservoir <br />and Sprucedale Reservoir, and to permit continuous <br />diversions of water ifrom the wells and surface <br />diversion facilities o'f Buffalo Park and other MMRC <br />shareholders when curtailment would otherwise be <br />required under the priority system. <br /> <br />18 <br /> <br />e <br />