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<br />. <br /> <br />. <br /> <br />. <br /> <br />DECREE PROPOSED FOR SETTLEMENT BETWEEN <br />SAN LUIS VALLEY IRRIGTlON DISTRICT AND THE <br />COLORADO WATER CONSERVATION BOARD <br />MAY 13, 2005 <br /> <br />10, The Applicant has purchased and now owns 73.40 acre-feet of "credit water" <br />decreed in Case No. 86CW30, for "long-term leases, sale to and use by another, <br />dedication of the credit water to use in a judicially-approved plan for augmentation, or any <br />other means of actual beneficial use of water." (~7, Decree in 86CW30), The Applicant=s <br />credit water is hereafter referred to as the "BAR. Cattle Credit Water." <br /> <br />11. The lands associated with the BAR. Cattle Credit Water have been <br />permanently removed from irrigation and the water rights are no longer diverted from the <br />streams, The Applicant's BAR. Cattle Credit Water totals 73.40 acre-feet, as follows: <br /> <br />(1) South Fork Hiqhline Ditch: 26.64 acre-feet derived from the dry-up of <br />the Mall Tract described above in ~ 9 (1 )(h). <br /> <br />(2) <br /> <br />Grubb Ditch No, 2: 7.45 acre-feet derived from the dry-up of the Bear <br />Creek Ranches Tract described above in ~ 9 (2)(h). <br /> <br />(3) Chadwick Ditch No.1: 39.31 acre-feet derived from the dry-up of the <br />Sierra Tract described above in ~ 9 (3)(h). <br /> <br />12, The Applicant will use its BAR. Cattl~ Credit Water as a,source of <br />augmentation water to replace out-of-priority depletions by Participating Structures which <br />include wells, other diversions and storage ponds presently included in the District's <br />Augmentation Program and augmented pursuant to the decrees issued in Case Nos. <br />84CW16, 93CW43 and 94CW62, District Court, Water Division No.3, and any new <br />structures of a similar type located within the District's boundaries, as those boundaries <br />now exist and may change from time to time. Participating Structures divert surface or <br />groundwater from the Rio Grande Basin, including the Rio Grande mainstem, its tributaries, <br />the confined aquifer tributary to the Rio Grande and the unconfined aquifer for non- <br />- agricultmalpUfposes-in'cludin'g'in~n-ol1~e-;-dOmestic;including'lawn-and'landscape'irrigation, <br />commercial, industrial, pond evaporation and stockwatering. <br /> <br />13. The Applicant will make augmentation water available by leaving its BAR. <br />Cattle Credit Water in the streams at the historic points of diversions, identified in <br />paragraphs 9(1 )(c), 9(2)(c) and 9(3)(c) above or by delivering BAR. Cattle Credit Water <br />from storage following its exchange to upstream reservoirs in accordance with the terms <br /> <br />Page 7 of 21 <br />