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<br />323 <br /> <br />. <br /> <br />Randolph Capital Corporation <br />Case No, 99CWI08 <br />Page 9 <br /> <br />priorities from Bear Creek (i.e. up to a maximum of 0.0308 cfs <br />of the December 1, 1861 priority; up to a maximum of 0.0637 <br />cfs of the October 31, 1864 priority; and up to a maximum of <br />0.0287 cfs of the April 1, 1865 priority), shall be available <br />for call by the Warrior Ditch Company for the benefit of the <br />shareholders who continue to use the Warrior Ditch. <br /> <br />iv, 0.0424 cfs of MMRC's pro-rata entitlement to the <br />December 1, 1861 priority decreed to the Warrior Ditch; 0.1655 <br />cfs of MMRC' s pro-rata entitlement to the October 31, 1864 <br />priority decreed to the Warrior Ditch; and 0.1149 cfs of <br />MMRC's pro-rata entitlement to the April 1, 1865 priority <br />decreed to the Warrior Dit.ch shall be abandoned to Bear Creek, <br />upon expiration of the retained jurisdiction period in Case <br />No. 94CW168. <br /> <br />SUBSTITUTE SUPPLY AND EXCHANGE PROGRAM TO REPLACE DEPLETIONS FROM <br />THE DEVELOPMENT <br /> <br />. <br /> <br />14, Since the points of depletion associated with water use <br />from the subject wells are on tributaries of Bear Creek at <br />locations above the point where replacement water is delivered to <br />the stream system by MMRC, Randolph capital is awarded conditional <br />appropriative rights of substitute supply and exchange pursuant to <br />Sections 37-80-120 and 37-92~302 (1) (a), 10 C.R.S., (2000), as <br />follows: ' <br /> <br />. <br /> <br />a. When conditions permit, MMRC will augment stream <br />depletions to Bear Creek, unnamed tributaries of Bear Creek <br />and Troublesome Creek, resulting from water use at the <br />development described herein, by foregoing diversions of <br />MMRC's Warrior Ditch or Harriman Ditch water rights; provided, <br />however, that MMRC shall not place a call against Turkey Creek <br />or its tributaries for the delivery of water to either the <br />April IS, 1868 priority decreed to the Harriman Ditch (i,e. <br />0.2072 cfs of priority No. 21 from Turkey Creek), or the April <br />16, 1862 priority decreed to the Warrior Ditch (i.e. 0.0358 <br />cfs of Priority No. 8 from Turkey Creek), for such purposes. <br />In addition, water previously stored in the Soda Lakes <br />Reservoir Nos. 1 and 2 will be exchanged to points upstream. <br />The exchanges will operate to replace depletions to the flow <br />of water in Bear Creek, tributaries of Bear Creek and <br />Troublesome Creek as the depletions occur. Such water may <br />also be exchanged to an on site storage container. Direct <br />flow and storage water available to MMRC will be left in or <br />released to the stream at a rate equivalent to the rate of <br />depletions and/or at a rate at which diversions are made to <br />storage. In this way, the flow of water in the stream system <br />below the point where replacement water is delivered will be <br />