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<br />324 <br /> <br />. <br /> <br />Randolph Capital Corporation <br />Case No. 99CW108 <br />Page 10 <br /> <br />unaffected. If the calling water right on Bear Creek is <br />within the Harriman Ditch system, MMRC may release water from <br />Soda Lakes Reservoirs directly to the Harriman Ditch, or MMRC <br />may deliver its direct flow rights to the Harriman Ditch at <br />the Bear Creek headgate. <br /> <br />. <br /> <br />b. The upstream e~change of augmentation water may be <br />conducted only when water rights which divert within the <br />exchange reaches, and whose priorities are senior to the <br />exchange priority described herein, are either (1) in priority <br />and fUlly satisfied, or (2) unable to divert water to the <br />extent then desired because of being partially or totally <br />called out by a downstream senior water right that is located <br />at or below the point where MMRC delivers substitution and <br />replacement water. Senior intervening water rights shall be <br />deemed to be in priori ty when the physical supply of water <br />available to any such 'water right, at its point of diversion, <br />would entitle its user to divert water for beneficial use from <br />a point within the exchange reach, and the user is then <br />seeking to make such a diversion of water. Water rights in <br />the exchange reach which are senior to the exchange priority <br />described herein shall be deemed to be entitled to divert <br />water if, in the absence of the instantaneous stream <br />depletions resulting from the wells described in Paragraph No. <br />6, suora, such water rights would have been entitled to divert <br />at their points of diversion. <br /> <br />. <br /> <br />c. The reaches of the stream system impacted by this <br />program of substitution and eXChange are as follows. One arm <br />of the exchange shall extend from the confluence of Bear Creek <br />and Turkey Creek at Bear Creek Lake in Section 5, TownShip 5 <br />South, Range 69 West, of the 6th P.M.; thence up Bear Creek <br />to the confluence of Bear Creek and Troublesome Creek in the <br />SE 1/4 SW 1/4 of Section 35, Township 5 South, Range 71 West, <br />6th P.M.; thence up Troualesome Creek to the confluence of <br />Troublesome Creek and an unnamed tributary located in the NE <br />1/4 SW 1/4 of Section 34, ~ownship 5 South, Range 71 West, 6th <br />P.M.; and thence up ,the unnamed tributary to the point where <br />depletions from the subject wells impact the unnamed tributary <br />in the SE 1/4 SW 1/4 of section 33, Township 5 South, Range <br />71 West, 6th P.M. A second arm of the exchange shall extend <br />from the confluence of Bear Creek and Turkey Creek at Bear <br />Creek Lake; thence up Bear Creek to the confluence of Bear <br />Creek and an unnamed tributary in the NE 1/4 NE 1/4 of Section <br />9, Township 5 South, Range 71 West, 6th P.M.; and thence up <br />the unnamed triautary to the point where depletions impact the <br />unnamed tributary in the NW 1/4 NE 1/4 of Section 4, TownShip <br />5 South, Range 71 West, 6th P.M.' A third arm of the exchange <br />shall extend from the confluence of Bear Creek and Turkey <br />