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-3- . within thirty (30) days of receipt of the Applicant's notice shall be considered approval by the CWCB. The District shall provide the CWCB with access to its calculations rmder this subparagraph, b, When such cumulative total, as calculated by the Applicant, equals or exceeds 80% of the allowed de minimis depletion (defined as I % of the decreed instantaneous flow rate for such instream flow water right), or the CWCB notifies the Applicant that such cumulative total equals or exceeds 80% of that allowed de minimis depletion level, the Applicant shall proceed as follows with respect to all pending and future applications to augment uses that may impact such instream flow water right: (I) the Applicant shall submit any such application for inclusion in this Plan to the CWCB before approving any such application, The CWCB shall have 45 days to review such application and notify the Applicant whether or not such water use will cause such cumulative total depletions to exceed one percent (1 %) of the decreed instantaneous flow rate for the instream flow right. If the CWCB determines and notifies the Applicant that the water user will cause such amormt to be exceeded, the Applicant will not agree to augment that use rmder this Plan for Augmentation, Failure by the CWCB to give notice to the Applicant of its determination regarding any such application within 45 days of receipt thereof by the CWCB shall be considered an approval by the CWCB of such application for inclusion in this Plan; and, . (2) once the CWCB has notified the Applicant and the Division Engineer that such cumulative total has reached one percent (I %) of the decreed instantaneous flow rate for an instream flow water right on any stream segment, the Applicant shall not agree to augment rmder this Plan any additional uses that may further increase such cumulative total on that particular stream segment. c, Once the CWCB has notified the Applicant that the CWCB has exempted a specific stream segment from further de minimis depletions pursuant to Program Rule 8,h, the .Applicant shall not agree to augment under this Plan any additional uses to that instream flow segm,nt that may further increase the unreplaced depletions described in paragraph 30,a above. As provided above, this Plan for Augmentation does not grant an exclusive right to the Applicant to incur de minimis depletions to CWCB instream flow rights, Notwithstanding these provisions, should an application be filed in Water Court for a structure or water use that may cause such cumulative total to exceed one percent (I %) of the decreed instantaneous flow rate for such an instream flow right, the Applicant shall not be required to remove from this Plan any structure or uses already accepted into this Plan or to reduce depletions from any structures or uses already accepted . into-this ,Plan.- .,-- - -- - -- . d, When the District receives a request to augment a proposed Participating Structure(s): i) which will cause depletions in a river or stream reach where the CWCB currently holds instream flow water rights; and, ii) the return flows from the proposed Participating Structure(s) will be returned to the river or stream through a Awastewater treatment facility@ (as defined in C,R,S. ' 25-9-102(5)) or Asewage treatment facility@ (as defined in C,R,S, ' 25-10-103(20)) located downstream of the point of diversion or impact, the District will require the entity or person making such request to develop, construct and implement an operable method to replace such return flows at or above the point of depletion before allowing such proposed Participating Structure(s) to participate in this Plan, The proposed method, together with measurements or a proposed calculation of river or stream flows in the reach(es) affected by the proposed Participating Structure(s), must first be submitted by the Flood Protection. Water Project Planning and Finance. Stream and Lake Protection Water Supply Protection. Conservation Planning