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<br />o <br /> <br />11/20/1998 15:37 <br /> <br />7195209447 <br /> <br />MACDOUGALL LAW OFFIC <br /> <br />PAGE 08 <br /> <br />. <br /> <br />any structures on the following tributaries of the Rio Grande: <br />Alamosa River, Burro Creek, ,Cross Creek, Kelly Creek, Lost Mine <br />Creek, Park Creek, Race Creek, San Francisco Creek, and West <br />Alder Creek, <br /> <br />22. The CWCB currently holds and may acquire additional <br />instream flow water rights in Water Division No.3, Except on <br />streams otherwise provided for herein (see paragraph 21 above), <br />unreplaced depletions impactinq such an instream flow water right <br />from structures participating in this augmentation plan shall be <br />allowed and shall not constitute injury, as per Rule 9,.30 of the <br />Rules and Regulations concerning the Colorado Instream Flow and <br />Natural Lake Level Program, subject to the following limitations: <br /> <br />. <br /> <br />a, Upon receipt and consideration of an application <br />for participation ,in this augmentation plan, Applicant <br />shall calculate the cumulative total of out-of-priority <br />unreplaced depletions that may impact such an instream <br />flow water right frOm the following: <br /> <br />1) water uses augmented under this plan, <br />including pending applications for augmentation <br />under this plan, that are junior in priority to <br />the instrearn flaw water right; <br /> <br />2) water uses augmented under this plan, <br />including pending applications for augmentation <br />under this plan, that are senior in priority to <br />the instream flow water right, to the extent such <br />depletions would not otherwise occur except for <br />participation in this planz; <br /> <br />3) other decreed conditional and absolute water <br />rights that are junior in priority to the instream <br />flow water right; and <br /> <br />4) water uses for which applications are pending <br />before the Water Court at the time of calculation, <br />based upon the proposed amount of such depletions; <br /> <br />Applicant shall not include in such cumulative total, <br />however, depletions from: <br /> <br />1) "exempt wells" permitted pursuant to C.R,S. ~ <br />37-92-602 et seq.; and <br /> <br />Z Nothing herein shall constitute an admission or <br />determination that such depletions are injurious. <br /> <br />. <br /> <br />!J50J j;\S:'WCD\rulin<;-lO <br /> <br />5 <br />