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<br />, <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />1~/2e/199B 15:37 <br /> <br />71952e9447 <br /> <br />MACDOUGALL LAW OFFIC <br /> <br />PAGE e6 <br /> <br />produced an average of 131 acre-feet annually. <br /> <br />11. Applicant proposes to change the water right and <br />proposes an augmentation plan, as described below, <br /> <br />12, Applicant is changing its ~ interest to allow continued <br />use of the water for irrigation until needed and then to make the <br />water available on an annual basis to replace injurious; out-of- <br />priority depletions to the Rio Grande basin, including the Rio <br />Grande mainstem, its tributaries, and the confined and unconfined <br />aquifers, from water use associated with non-agricultural wells <br />and other diversion or storage structures within the boundaries <br />of the District, as such boundaries may change from time to time <br />pursuant to law, inclUding but not limited to structures for <br />livestock watering, pond evaporation, domestic, including lawn <br />and landscape irrigation, in-house domestic, commercial, and <br />industrial uses. The water will be stored as necessary in Rio <br />Grande Reservoir, pursuant to an agreement between Applicant and <br />the San Luis Valley Irrigation District ("Irrigation District"), <br />or by exchange in Santa Maria and Continental Reservoirs, <br />pursuant to any necessary agreements with the reservoir owners. <br /> <br />13, Applicant's current agreement with the San Luis Valley <br />Irrigation District specifies that if water must be spilled from <br />Rio Grande Reservoir, the Irrigation District may exchange <br />Applicant's stored water into Santa Maria and Continental <br />Reservoirs, If such exchange i$ not possible, the Irrigation <br />District will spill water of the Irrigation District before <br />spilling Applicant's water in storage. Also pursuant to that <br />agreement, the Irrigation District may dedicate some of its water <br />in storage to Applicant's augmentation plan for use as <br />augmentation water when Applicant has insufficient water, In <br />such a case, the Irrigation District's water will be traded for <br />Applicant's water, and be used in this augmentation plan, subject <br />to any further change of water rights or administrative approval <br />by the Division Engineer as may be necessary. <br /> <br />14. <br />Irrigation <br />manage the <br /> <br />This trade may only be made with the consent of the <br />District consistent with its authority to operate and <br />Rio Grande Reservoir. <br /> <br />15. The water will be released from these reservoirs upon <br />demand by the State Engineer to replace injurious out-of-priority <br />depletions caused by plan participants, subject to the terms of <br />the Agreement between Applicant and the san Luis Valley <br />Irrigation District. <br /> <br />16. Applicant will carry forward any stored water and <br />retain it in storage from one year to the next in order to <br /> <br />IJSOJ J;\SLW(;4)\culin9-10 <br /> <br />3 <br />