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<br />, <br /> <br />, <br /> <br /> <br />, <br /> <br />(October 1 - February 29), shall be no greater <br />than 4 acre feet. <br /> <br />(ii) <br /> <br />The maximum consumptive use of water from Straight <br />Creek or the Blue River during March shall be no <br />greater than 5 acre feet. <br /> <br />(iii) So long as Dillon utilizes the Dillon/silverthorne <br />Joint Authority Wastewater Treatment Plant or <br />another central wastewater treatment plant, which <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 />(iv) No portion of Dillon's 45 acre foot allocation may <br />be used for snowmaking. <br /> <br />(v) During the months of October through March, no <br />portion of Dillon's 45 acre foot allocation may be <br />diverted to storage. <br /> <br />(vi) 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-l2, <br />W-l3. and W-402 in the District Court for Water <br />Division No.5, State of Colorado (hereinafter <br />"Case No. W-l2"). 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 />(vii) Dillon agrees to make its best efforts to make its <br />replacement of depletions from sources upstream of <br />Dillon Reservoir provided that the Board <br />acknowledges that Dillon must act in Dillon's best <br />interests in securing sources of replacement <br />water. <br /> <br />(c) To the extent that Dillon elects to contract with <br />Summit County and obtain an allocation of a portion of <br />the 100 Acre Feet Dillon Storage Water. the Board will <br />take such actions as are consistent with the Lower Blue <br /> <br />-4- <br /> <br />