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<br />, <br /> <br />.. <br /> <br />.. <br /> <br />a. Diversions from the West Fork of Pass Creek <br />(a/k/a the North Branch of Pass Creek in Case No. 87CW7) under <br />the priority of any water rights, conditional water rights, or <br />appropriative rights of exchange claimed in Case No. 87CW7 that <br />are junior to the rights of the CWCB claimed in this Case No. <br />89CW19 may reduce flows in the West Fork of Pass Creek below the <br />amount of the CWCB's appropriation in this Case No. 89CW19 if, <br />and only if, each of the following conditions is satisfied: <br /> <br />i. Treated wastewater, releases from storage <br />in the Reclamation Pond, and all other return flows resulting <br />from the use of such diversions must accrue to the West Fork of <br />Pass Creek within ten feet or less of the point of such diver- <br />sions. This provision (i) shall not apply to irrigation return <br />flows that have not been physically captured or stored. <br /> <br />11. The Leavell-McCombs Joint Venture and the <br />Wolf Creek Ski Corporation (collectively, "LM/WC"), the appli- <br />cants in Case No. 87CW7, must establish and maintain, at their <br />own expense, habitat improvements in the ten foot reach of the <br />West Fork between the point of diversion and point of return <br />flows to protect the natural environment, as required by the CWCB <br />after consultation with the Division of Wildlife. <br /> <br />iii. With respect to junior diversions to <br />storage in the Village Pond from the West Fork, one of the fol- <br />lowing additional conditions must be met: <br /> <br />aa. The CWCB's instream flow water <br />right, as claimed in this Case No. 89CW19, must be satisfied <br />immediately below the downstream point of the ten foot stream <br />segment described in subparagraph (i) above; or <br /> <br />bb. The combined rate of flow of total <br />wastewater returns, releases (if any) of water stored in the <br />Reclamation Pond, and releases of augmentation water from the <br />Village Pond to the West Fork at the downstream point of such ten <br />foot stream segment must be equal to or greater than 95% of the <br />instantaneous rate of flow of total diversions from the West <br />Fork. <br /> <br />This condition (iii) shall not apply to diversions from the West <br />Fork for direct-flow use. <br /> <br />b. LM/WC will use their best efforts to m1n1m1ze the <br />frequency and extent of reduction of stream flow below the amount <br />of the CWCB rights, consistent with the provision of a reliable <br />water supply to the Village at Wolf Creek and the Wolf Creek Ski <br /> <br />-3- <br />