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<br />. <br /> <br />. <br /> <br />e <br /> <br />325 <br /> <br />Randolph Capital Corporation <br />Case No, 99CW10B <br />Page 11 <br /> <br />Creek at Bear Creek Lake; thence up Bear Creek to the <br />confluence af Bear Creek and an unnamed tributary in the SE <br />1/4 SE 1/4 of Section 5, Township 5 South, Range 71 West, 6th <br />P.M.; and thence up the unnamed tributary to t~e point where <br />depletions impact the unnamed tributary in the NE 1/4 SE ~/4 <br />of Section 5, Township 5 South, Range 71 West, 6th P.M. <br /> <br />e, The 'exchanges will operate only when there is a live <br />stream between the point where depletions from the wells occur <br />and the location where augmentation and replacement water is <br />released to the stream system by MMRC. Prior to operating an <br />exchange, MMRC shall notify the Division Engineer or his <br />designated agent of the exchange to be operated and obtain <br />approval to proceed. <br /> <br />f. The exchanges shall be administered with a priority <br />date of June 14, 1999, at a maximum flow rate of 0.05 of a <br />cubic foot per second, CONDITIONAL. <br /> <br />15. At such times as the exchanges may be operated as <br />provided herein, depletions to the stream system which occur during <br />the period May through October, inclusive, will be continuously <br />augmented by leaving a portion of MMRC's direct flow water rights <br />in the stream. During times when MMRC's direct flow water rights <br />are not in priority and during the months of November through <br />April, inclusive, depletions will primarily be augmented by <br />releasing water from the Soda Lakes Reservoirs. To the extent that <br />MMRC's water rights cannot be exchanged upstream to the point of <br />injury, ~andolph Capital or its successors and assigns will release <br />water from an on site storage container, or will physically <br />transport augmentation water by tank truck for delivery to the <br />stream system at a location upstream of the point of injury. <br /> <br />16. Due to the small volume of annual stream depletions <br />projected to occur from the operation of the subject wells, during <br />times when the exchange of Harriman Ditch and Warrior Ditch water <br />cannot be operated, the depletions then occurring shall be <br />aggregated and replaced by one or more releases of short duration <br />from a reservoir or other storage container located upstream of all <br />water rights deprived of water during the period of aggregation, <br />or by the physical importation of water as described above. The <br />rate and timing of an aggregated release shall be determined by the <br />Division Engineer or his designated representative; provided, <br />however, that an aggregated release shall be required no more <br />frequently than once per month; and further provided that the <br />downstream water right' deprived of water during the period of <br />aggregation is allowed to divert the water so released regardless <br />of the river call then existing, <br />