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<br />. <br /> <br />. <br /> <br />a. Treated wastewater, releases from storage in the <br />Reclamation Pond, and all other return flows resulting from the <br />use of such diversions must accrue to the North Branch of Pass <br />Creek within ten feet or less of the point of such diversions. <br />This provision (a) shall not apply to irrigation return flows <br />that have not been physically captured or stored. <br /> <br />b. LM/WC must establish and maintain, at their own <br />expense, habitat improvements in the ten foot reach of the North <br />Branch between the point of diversion and point of return flows <br />to protect the natural environment, as required by the CWCB after <br />consultation with the Division of Wildlife. <br /> <br />c. With respect to junior diversions to storage in <br />the Village Pond from the North Branch, one of the following <br />additional conditions must be met: <br /> <br />i. The CWCB's instream flow water right, as <br />claimed in Case No. 89CW19, must be satisfied immediately below <br />the downstream point of the ten foot stream segment described in <br />subparagraph (a) above, or <br /> <br />~~. The combined rate of flow of total waste- <br />water returns, releases (if any) of water stored in the Recla- <br />mation pond, and releases of augmentation water from the Village <br />Pond to the North Brar.ch at the downstream point of such ten foot <br />stream segment must be equal to or greater than 95% of the <br />instantaneous rate of flow of total diversions from the North <br />Branch. <br /> <br />This condition (c) shall not apply to diversions from the North <br />Branch for direct-flow use. <br /> <br />7. LM/WC will use their best efforts to minimize the fre- <br />quency and extent of reduction of stream flow below the amount of <br />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 />area for the uses described in the application in Case No. 87CW7 <br />and the first and second amendments thereto. This agreement <br />shall not require LM/WC to divert out of priority as against <br />Alberta Park Reservoir. <br /> <br />8. It shall be the responsibility of LM/WC to install and <br />maintain, at their own expense, any measuring devices or gauges <br />that the Division Engineer deems necessary to monitor compliance <br />with this stipulation. Moreover, LM/WC shall provide the CWCB <br />with a copy of any accounting forms or reports submitted to the <br />Division Engineer or to the Water Commissioner. <br /> <br />-3- <br />