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<br />,< <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />11/20/1998 15:37 <br /> <br />7195209447 <br /> <br />MACDOUGALL LAW OFFIC <br /> <br />PAGE 10 <br /> <br />of the Rules and Regulations Concerning the Colorado <br />Instream Flow and 'Natural Lake Level Program, Applicant <br />shall not agree to augment under this plan any <br />additional uses to tUat instream flow segment that may <br />further increase the unreplaced depletions described in <br />paragraph 22a. above, <br /> <br />As provided above, this plan does not grant an exclusive right to <br />the Applicant to incur de mini~is depletions to CWCB in stream <br />flow rights, Notwithstanding these provisions, should an <br />application be filed in Water Court for a structure or water use <br />that may cause such cumulative total to exceed one percent of the <br />decreed instantaneous flow rats for such an instream flow right, <br />Applicant shall not be requ~red to remove from this augmentation <br />plan any structures or uses already accepted into this plan or to <br />reduce depletions from any structures or uses already accepted <br />into this plan, ' <br /> <br />23. Except as specificallY described herein, or except as <br />separatelY decreed or administratively approved, replacement of <br />out-of-priority depletions pursuant to this plan shall occur at <br />the Rio Grande mainstem, Replacement of out-of-priority <br />depletions from structures Which divert water tribut&ry to the <br />Closed Basin and wells diverting water from the confined aquifer, <br />shall occur directly to those sources. Such replacement shall <br />occur through facilities app~oved by the Division Engineer for <br />such purposes.' The Applicant shall have agreements in place with <br />the owners of such facilities before using such for this purpose, <br /> <br />24. The replacement requi~ement for uSeS to be augmented <br />under thie plan shall be establ~shed using the criteria on the <br />attached Exhibit A, which s~all be used until such time as the <br />State Engineer requires actual measurements Or Applicant elects <br />to obtain and report actual meaSurements of water use, <br /> <br />25, The owners of all str~ctures augmented under this plan <br />will be required to install and maintain measuring devices on <br />such structures, or to provide water use and depletion accounting <br />forms sufficient to meet reason~ble accounting needs of the State <br />and Division Engineers. ' <br /> <br />26. The Division Engineer has statutory authority to <br />calculate and adjust transportation losses for releases of stored <br />water and to assess a transportation charge from time to time in <br />accordance with facts hereafter developed, Applicant shall <br />account for such charges in accordance with the procedures <br />lawfully established by the Division Engineer. Applicant shall <br />have the right to review the Division Engineer'S determination of <br />transportation losses and make appropriate recommendations and <br /> <br />LI~OJ j:\5:'VWCO\..ullng-10 <br /> <br />7 <br />