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<br />. <br /> <br />. <br /> <br />. <br /> <br />DECREE PROPOSED FOR SETTLEMENT BETWEEN <br />SAN LUIS VALLEY IRRIGTION DISTRICT AND THE <br />COLORADO WATER CONSERVATION BOARD <br />MAY 13, 2005 <br /> <br />(5) exempt wells permitted pursuant to C,R.S. ' 37-92-602; and, <br /> <br />(6) present uses or exchanges of water being made by water users <br />pursuant to appropriation or practices in existence on the date of the <br />appropriation of the instream flow water right, whether or not <br />previously confirmed by court order or decree, Prior to deciding <br />whether to exclude any use or exchange from the calculation <br />described above in paragraph 30.a (1 )-(4), the Applicant shall notify <br />the CWCS of such claim and obtain and provide to the CWCS <br />documentation of the use or exchange that verifies its existence on <br />the date of the appropriation of the instream flow water right and <br />quantifies such use or exchange in a manner acceptable to the <br />CWCS, which acceptance shall not be unreasonably withheld. Failure <br />of the CWCS to give notice of its determination to the Applicant within <br />thirty (30) days of receipt of the Applicant's notice shall be considered <br />approval by the CWCS. <br /> <br />The District shall provide the CWCS with access to its calculations under this <br />subparagraph. <br /> <br />~ <br /> <br />b, When such cumulative total, as calculated by the Applicant, equals or <br />exceeds 80% of the allowed de minimis depletion (defined as 1 % of the decreed <br />instantaneous flow rate for such instream flow water right), or the CWCS notifies the <br />Applicant that such cumulative total equals or exceeds 80% of that allowed de <br />minimis depletion level, the Applicant shall proceed as follows with respect to all <br />pending and future applications to augment uses that may impact such instream <br />flow water right: <br /> <br />(1) the Applicant shall submit any such application for inclusion in this <br />Plan to the CWCS before approving any such application, The <br />CWCS shall have 45 days to review such application and notify the <br />Applicant whether or not such water use will cause such cumulative <br />total depletions to exceed one percent (1 %) of the decreed <br />instantaneous flow rate for the instream flow right. If the CWCS <br /> <br />Page 15 of 21 <br />