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<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 />determines and notifies the Applicant that the water user will cause <br />such amount to be exceeded, the Applicant will not agree to augment <br />that use under this Plan for Augmentation. Failure by the CWCS to <br />give notice to the Applicant of its determination regarding any such <br />application within 45 days of receipt thereof by the CWCS shall be <br />considered an approval by the CWCS of such application for inclusion <br />in this Plan; and, <br /> <br />(2) once the CWCS has notified the Applicant and the Division Engineer <br />that such cumulative total has reached one percent (1 %) of the <br />decreed instantaneous flow rate for an instream flow water right on <br />any stream segment, the Applicant shall not agree to augment under <br />this Plan any additional uses that may further increase such <br />cumulative total on that particular stream segment. <br /> <br />c, Once the CWCS has notified the Applicant that the CWCS has exempted a . <br />specific stream segment from further Ade minimis@ depletions pursuant to Program <br />Rule 8,h, the Applicant shall not agree to augment under this Plan any additional <br />uses to that instream flow segment that may further increase the unreplaced <br />depletions described in paragraph 30,a above. <br /> <br />As provided above, this Plan for Augmentation does not grant an exclusive right to <br />the Applicant to incur de minimus depletions to CWCS instream flow rights, <br />Notwithstanding these provisions, should an application be filed in Water Court for a <br />structure or water use that may cause such cumulative total to exceed one percent <br />(1%) of the decreed instantaneous flow rate for such an instream flow right, the <br />Applicant shall not be required to remove from this Plan any structure or uses <br />already accepted into this Plan or to reduce depletions from any structures or uses <br />already accepted int01his Plan. <br /> <br />d. When the District receives a request to augment a proposed Participating <br />Structure(s): i) which will cause depletions in a river or stream reach where the <br />CWCS currently holds instream flow water rights; and, ii) the return flows from <br />the proposed Participating Structure(s) will be returned to the river or stream <br />through a Awastewater treatment facility@ (as defined in C.R.S. ' 25-9-102(5)) or <br /> <br />Page 16 of 21 <br /> <br />. <br />