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<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 />and conditions of this Decree, to replace out-of-priority stream depletions to the Rio <br />Grande mainstem, its tributaries, and the confined and unconfined aquifers that are caused <br />by existing Participating Structures presently included in the District's Augmentation <br />Program and augmented pursuant to the decrees issued in Case Nos. 84CW16, 93CW43 <br />and 94CW62, District Court, Water Division No.3, and any new structures of a similar type <br />located within the District's boundaries, as those boundaries may change from time to time. <br /> <br />14. The decree in 86CW30 identified the amount of credit water available for use <br />in a subsequent augmentation plan without applying further limitations or terms and <br />conditions on the use of that water, However, in years of low runoff in the upper Rio <br />Grande basin the water rights listed in paragraph 9 above may be out-of-priority or limited <br />by available streamflow. The schedules and administrative provisions set forth below have <br />been developed, pursuant to discussions and agreement between the Division and State <br />Engineers and the Applicant, to prevent injury to vested water rights, <br /> <br />a. Proiected Flows of less than 200.000 acre-feet: Natural Resources . <br />Conservation Service (UNRCS") projected flows ofthe Rio Grande River near the Del <br />Norte gauging station for the April through September period of less than 200,000 <br />acre-feet indicate extreme drought. During these periods it will be necessary to <br />administer the BAR. Cattle Credit Water with consideration for the calling priority <br />and available streamflow from the decreed sources for that water and the Division <br />Engineer shall develop and maintain the accounting forms necessary for the <br />calculation of available BAR. Cattle Credit Water during these extreme drought <br />periods. <br /> <br />The amount of credit water available for use in the District's Augmentation Program <br />when flows are projected at less than 200,000 acre-feet shall be determined based <br />upon a daily examination of the calling priority and available streamflow. BAR. <br />nCattlenCredit Water a\lailablelor useJn. tbe.Djstricts.6ugmeJltatioJJ..PmgI<!!Jl wb~n <br />flows are projected at less than 200,000 acre-feet will be calculated based upon <br />historic application efficiency of the underlying water rights described in paragraph 9 <br />above. Those water rights have historically been used for flood irrigation of pasture. <br />The application efficiency of the water was estimated in Case No. 86CW30 to be <br />thirty percent (30%), Thus, of the water applied to the fields, thirty percent (30%) <br />was consumed by the vegetation and seventy percent (70%) returned to the stream <br />system. In recognition of this historic practice, the amount of credit water available <br /> <br />Page 8 of 21 <br /> <br />. <br />