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<br />, <br /> <br />(iv) <br /> <br />(vi) <br /> <br />(vii ) <br /> <br />\ <br /> <br />, <br /> <br />returns effluent at or above the present outfall <br />of the Dillon/Silverthorne Joint Authority <br />Wastewater Treatment Plant. consumptive use as <br />specified in paragraphs (i) and (ii) above shall <br />be determined to be 5~ of raw water diversions. <br /> <br />(v) <br /> <br />No portion of Dillon's 45 acre foot allocation <br />under the terms of the Summit County Agreement may <br />be used for snowmaKing. <br /> <br />During the months of october through March. no <br />portion of Dillon's 45 acre foot allocation may be <br />diver~ed to storage. <br /> <br />To the extent streamflows in Straight Creek or the <br />Blue River are less than the instream flow amounts <br />decreed in the Opposed Cases. and. to the extent <br />Dillon's diversions above the instream flow <br />segments decreed in the Opposed Cases which are <br />not being satisfied exceed the 3.5 cfs decreed to <br />the Straight CreeK Ditch right in Case Nos. W-12. <br />W-13. and W-402 in the District Court for Water <br />Division No.5. State of Colorado (hereinafter <br />"Case No. W-12"). the maximum diversion rate"shall <br />not exceed 2 cfs and the maximum annual diversion <br />shall be no greater than 300 acre feet: provided <br />that these limitations shall not limit the storage <br />decree for Old Dillon Reservoir and the.direct <br />flow decree for the Dillon Ditch. both decreed in <br />Civil Action 1803 on March 10. 1952. in the <br />District Court for summit County. State of <br />Colorado. <br /> <br />Dillon'S use of Green Mountain Reservoir to <br />replace or augment upstream depletions is <br />predicated upon the completed construction of the <br />stream habitat improvement structures on the Blue <br />River downstream from Dillon Dam in accordance . <br />with specifications provided by the Division of <br />Wildlife. The costs to Dillon of said <br />construction shall not exceed $5.000.00. To <br />offset the effects of inflation. if any. the <br />$5.000.00 shall be adjusted from year to year by <br />reference to the Consumer Price Index U for <br />metro~01itan Denver. Colorado for the preceding 12 <br />months. <br /> <br />(b) To the extent Dillon elects to utilize augmentation <br />sources other than Green Mountain Reservoir. Dillon <br />agrees to abide by the fOllowing terms and conditions <br />with regard to diversions under the Dillon Applications: <br /> <br />(i) The maximum consumptive use of water from Straight <br />Creek or the Blue River in any single winter month <br /> <br />-3- <br /> <br /> <br /> <br />- <br />