BOARD01811

• Board Meeting Date: 5/11/1998
• Description: Rio Grande Basin Issues - Closed Basin Project Issues
• Board Meetings - Doc Type: Memo

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1,2 The State shall write to the known owners or users of irrigation wells within the

Horse Creek Basin above the Box Springs headgate, who are not members of the HCWUA, and

advise such persons that HCWUA has developed a plan under the Arkansas Rules (the "HCWUA

Plan") under which the pumping of irrigation wells above the Box Springs headgate may be

protected (subject to the terms of this Agreement), that the HCWUA Plan is the only current plan

designed to protect irrigation pumping within the Horse Creek Basin above the Box Springs

headgate of which the State Engineer is aware, that the Arkansas Rules may be implemented as of

April 1, 1997, and that if such persons do not become members of HCWUA or submit another

augmentation plan by April 1, 1997, their wells will be curtailed under the Arkansas Rules,

1,3 Upon execution of this Settlement Agreement, the parties jointly shall move to vacate

the trial date in Case No. 95 CW 211 and to reset the trial to commence no earlier than September 2,

1997, The motion also shall request the Water Court to vacate all pretrial deadlines and to reset

these in accordance with the new trial date,

1.4 Upon satisfaction of all of the contingencies in paragraphs 6,1.1-6,1.6 of this

Settlement Agreement, HCWUA shall move to withdraw its Statement of Opposition'jn Case

No, 95 CW 211.

2,0 COLORADO WATER CONSERVATION BOARD LOAN

2.1 HCWUA has applied for grant and/or loan funds from the Colorado Water

Conservation Board ("CWCB") to purchase senior water rights to be used in an augmentation plan

that would permit well pumping by HCWUA members without curtailment under the Arkansas

Rules. HCWUA shall diligently pursue that application,

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