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<br />. <br /> <br />. <br /> <br />d. Fourth appropriative right of exchange (11.7 <br />acre-feet): December 27, 1990. <br /> <br />e. Fifth appropriative right of exchange: April 15, <br />1987 for the first 45 acre-feet and November 30, 1989 for the <br />remaining 16 acre-feet. <br /> <br />f. Under the fifth appropriative right of exchange, <br />LM!WC agree that all water exchanged to the North Infiltration <br />Gallery will require an instantaneous release of an equal amount <br />of water to the North Branch at a point 10 feet or less down- <br />stream. The amount of water claimed under the fifth appropria- <br />tive right of exchange is included within the 79.8 acre-feet <br />appropriated for the first three appropriative rights of <br />exchange, and the cumulative amount of water exchanged under the <br />first, second, third, and fifth exchanges will not exceed 79.8 <br />acre-feet in any year. <br /> <br />g. LM!WC agree that the five exchanges will be made <br />at a combined rate of flow not to exceed 10 c.f.s. <br /> <br />3. Diversions of water to storage in the Village Pond <br />under the April 15, 1987 conditional water storage right claimed <br />in Case No. 87CW7 will be limited to 85 acre-feet in anyone <br />year. Any priority awarded for a water right or conditional <br />water right for multiple fillings of the Village Pond shall have <br />a date of appropriation no earlier than December 27, 1990. The <br />limitations of this paragraph shall not affect filling or refill- <br />ing of the Village Pond by exchange. <br /> <br />4. No wastewater resulting from direct-flow diversions <br />from the North Branch will be stored in the Reclamation Pond. <br /> <br />5. Subject to the provisions of paragraph 2 above, diver- <br />sions from the North Branch to storage in the Village Pond under <br />water rights, conditional water rights, or appropriative rights <br />of exchange may be considered to be senior to the rights of the <br />CWCB claimed in Case No. 89CW19 only to the extent that such <br />diversions to storage do not exceed a combined total of 85 acre- <br />feet in anyone year. <br /> <br />6. Diversions from the North Branch of Pass Creek under the <br />priority of any water rights, conditional water rights, or appro- <br />priative rights of exchange claimed in Case No. 87CW7 that are <br />junior to the rights of the CWeB claimed in Case No. 89CW19 may <br />reduce flows in the North Branch below the amount of the CWCB's <br />appropriation in Case No. 89CW19 if, and only if, each of the <br />following conditions is satisfied: <br /> <br />-2- <br />