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<br />32( <br /> <br />. <br /> <br />Randolph Capital Corporation <br />Case No. 99CWl08 <br />Page 6 <br /> <br />of each water year is reserved for release to Marston <br />Reservoir through the Harriman Ditch. A request for such a <br />release must be made by the Denver Water Department on or <br />before November 30 of the same calendar year when the water <br />is stored. The twenty percent figure represents additional <br />historic delayed ground water return flows associated with <br />MMRC's entitlement to the Soda Lakes Reservoir Nos. 1 and 2 <br />s'torage rights. <br /> <br />vi. If the Denver Water Department fails to make a <br />request for the release of the water described in (iv) and <br />(v), above, by the dates specified, said water automatically <br />becomes the property of MMltC and is available for augmentation <br />and replacement purposes. <br /> <br />. <br /> <br />vii. No later than May 31 of each storage season, twenty <br />percent of the water, stored under the Soda Lakes Reservoir <br />Nos, 1 and 2 storage priorities .for the benefit of MMRC <br />between November 1 and the fOllowing May 31 of each water year <br />is released to Turkey Creek in accordance with the direction <br />of the State water administration officials. The twenty <br />percent figure represents historic surface water return flows <br />associated with the subject water rights. <br /> <br />viii, No later than November 30 of each water year, twenty <br />percent of the water stored under the Soda Lakes Reservoir <br />Nos. 1 and 2 storage priorities for the benefit of MMRC <br />between June 1 and the fOllowing October 31 of each calendar <br />year is released to Turkey Creek in accordance wi th the <br />direction of the State water administration officials. The <br />twenty percent figure represents historic surface water return <br />flows associated with the subject water rights. <br /> <br />ix, MMRC is assessed a proportionate amount of the <br />evaporation and seepage losses from the Soda Lakes Reservoir <br />NOS. 1 and 2. The same standard for evaporation and seepage <br />losses applies to all water stored in the Soda Lakes system; <br />provided, however, that until an actual record of evaporation <br />and seepage losses is established, three acre feet of the <br />water stored in MMRC's account each year is reserved for such <br />purposes. <br /> <br />. <br /> <br />x. The release of MMRC' s water stored in the Soda Lakes <br />system to Turkey Creek or the Harriman Ditch for augmentation <br />and replacement purposes, or for purposes of filling tank <br />trucks, is in accordance with the operating rules and <br />regulations of the Soda Lakes Reservoir and Mineral Water <br />Company, <br /> <br />I <br />