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<br />. <br /> <br />. <br /> <br />. <br /> <br />~ <br /> <br />3.0 INJURY WITH MIT1GATION <br /> <br />The BWCD proposal has two components. The first is related to Case No. 01CW305 <br />("the Batch Plan") and the second is related to Case No. 02CW77 ("the Umbrella Plan"). <br /> <br />3.1 CASE NO. 01CW305-INJURYWITH MITIGATION <br /> <br />The first component of the Injury with Mitigation Plan is limited to those water users <br />within the exchange reach who obtained a water allotment contract with the BWCD on or <br />before December 31,2004. This Includes contractees who were involved in previous <br />decreed plans for augmentation as well as the 20 new water contracts described in Case <br />No. 01 CW305. The maximum amount of water diverted and consumed by the subject <br />water users is summarized on a monthly basis in Table 1, attached. Assuming 100% <br />occupancy, the diversions will average 0.11 cfs and will vary over the year from a low of <br />0.03 cfs during the winter to 0.26 cfs during mid summer. The consumptive water use is <br />less, averaging less than 0.1 cfs. Monthly consumption varies from an average of 0.005 <br />cfs during the winter to 0.18 cfs mid-summer. Under the proposed mitigation plan these <br />water users would continue to divert and beneficially use water for in-house purposes <br />during periods that the Roaring Fork River is on call due to deficiency in the CWCB <br />instream flow, subject to certain limitations outlined below. <br /> <br />In return for stipulating to a decree that will allow the water users included in 01CW305 <br />and contractees included in previous decreed plans for augmentation to continue <br />diversions during a CWCB call, the BWCD offers the following mitigation: <br /> <br />1. The awCD will fund 25% of the costs necessary to construct a continuous <br />reading streamflow gage within the upper reach, up to a total contribution of <br />$5,000. It is our understanding that the CWCB and the Division Engineer's office <br />plan to construct a gaging station in this area within the next year and that the <br />total cost has been estimated to be $20,000. <br /> <br />9 <br />