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<br />-2- <br /> <br />credit water to augment out-of-priority depletions anywhere within the District's boundaries <br />potentially could injure the Board's instream flow water rights, . <br /> <br />Terms of Proposed Stipulation and Decree <br /> <br />The District has agreed to include the following terms and conditions in its decree to address impacts <br />to the CWCB's instream flow water rights that could be affected by the Augmentation Program, <br />The parties negotiated these terms and conditions using the terms and conditions agreed to in Case <br />No, 94CW62 as a template, with some added changes, <br /> <br />29, The Applicant shall not include in this Plan for Augmentation any structures on the following <br />tributaries of the Rio Grande: Alamosa River, Burro Creek, Cross Creek, Kelly Creek, Lost Mine Creek, Park <br />Creek, Race Creek, San Francisco Creek and West Alder Creek. <br /> <br />30: The CWCB currently holds and may acquire additional instream flow water rights in Water Division <br />No, 3, Except on the streams provided for in paragraph 29 above, unreplaced depletions from Participating <br />Structures which impact a CWCB instream flow water right shall be allowed and shall not constitute injury, <br />as per Rule 8e, ("De Minimis Rule") of the Rules and Regulations concerning the Colorado Instream Flow <br />and Natural Lake Level Program (hereafter "Program Rule 8e,"), subject to the following limitations: <br /> <br />a, Upon receipt and consideration of an application for participation in this Plan for Augmentation, the <br />Applicant shall calculate the cumulative total of out-of-priority unreplaced depletions that may impact such an <br />instream flow water right from the following: <br /> <br />(I) water uses augmented under this Plan, including pending applications for . <br />augmentation under this Plan, that are junior in priority to the instream flow water right; <br /> <br />(2) water uses augmented under this Plan, including pending applications for <br />augmentation under this Plan, that are senior in priority to the instream flow water right, to the extent <br />such depletions would not otherWise occur except for participation in this Plan; <br /> <br />(3) other decreed conditional and absolute water rights that are junior in priority to the <br />instream flow water right; and, <br /> <br />(4) water uses for which applications are pending before the Water Court at the time of <br />calculation, based upon the proposed amount of such depletions. <br /> <br />However, the Applicant shall not include in such cumulative total depletions from: <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 pursuant to appropriation or <br />practices in existence on the date of the appropriation of the instream flow water right, whether or not <br />previously confirmed by court order or decree, Prior to deciding whether to exclude any use or <br />exchange from the calculation described above in paragraph 30,a (1)-(4), the Applicant shall notify <br />the CWCB of such claim and obtain and provide to the CWCB documentation of the use or exchange <br />that verifies its existence on the date of the appropriation of the instream flow water right and <br />quantifies such use or exchange in a manner acceptable to the CWCB, which acceptance shall not be . <br />unreasonably withheld, Failure of the CWCB to give notice of its determination to the Applicant <br /> <br />Flood Protection. Water Project Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Conservation Planning <br />