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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 />. <br /> <br />Asewage treatment facility@ (as defined in C.R.S. ' 25-10-103(20)) located <br />downstream of the point of diversion or impact, the District will require the entity <br />or person making such request to develop, construct and implement an operable <br />method to replace such return flows at or above the point of depletion before <br />allowing such proposed Participating Structure(s) to participate in this Plan, The <br />proposed method, together with measurements or a proposed calculation of river <br />or stream flows in the reach(es) affected by the proposed Participating <br />Structure(s), must first be submitted by the District to the CWCB which shall <br />have 45 days to review the proposed method and notify the District whether the <br />method adequately protects its instream flow water rights in the affected <br />reach( es), If not, the CWCB must identify the perceived inadequacies of the <br />methodology. Failure by the CWCB to give notice to the District of its <br />determination regarding such method within 45 days of its receipt thereof shall <br />be considered an approval by the CWCS of the method. If the CWCB concludes <br />and notifies the District within said 45 days that the proposed methodology does <br />not adequately protect the CWCB's instream flow water rights in the affected <br />reach(es), the CWCB and the District will consult with the Division Engineer on <br />the adequacy of the method, The parties shall work diligently and in good faith <br />to reach agreement on an adequate methodology. <br /> <br />31. The Division Engineer has statutory authority to, calculate and adjust <br />transportation losses for releases of stored water and to assess a transportation charge <br />from time to time in accordance with facts hereafter developed, provided that the Applicant <br />shall not be charged transportation losses greater than those charged to the owner of the <br />reservoir(s) in which BAR. Cattle Credit Water is stored, Applicant shall account for such <br />charges in accordance with the procedures lawfully established by the Division Engineer. <br />Applicant shall have the right to review the Division Engineer's determination of <br />transportation losses and make appropriate recommendations and objections. <br /> <br />32. The Applicant shall account for appropriate evaporation charges on BAR. <br />Cattle Credit Water placed into storage if assessed by the Division Engineer; however, <br />such evaporation charges shall be assessed only when the Division Engineer assesses <br />evaporation charges on all water storage rights in Water Division NO.3. <br /> <br />33. The Applicant shall disclose to those parties intending to participate in this <br /> <br />Page 17 of 21 <br />