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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />consumptive use factor decreed in 85CW38 to the long-term average annual diversion of 1,055 acre- <br /> <br /> <br />feet would result in a long-term average annual consumptive use credit of 601 acre-feet. The average <br /> <br /> <br />replacement credits available during the irrigation season are estimated to be 795 acre-feet. <br /> <br /> <br />Replacement credits exceed consumptive use because of lagged return flows. The difference between <br /> <br /> <br />the two values, 194 acre-feet, is the estimated winter return flow obligation. <br /> <br />The average replacement credit of 795 acre-feet during the irrigation season (April through October) <br /> <br /> <br />would on average be more than adequate to replace the estimated future well depletions occurring on <br /> <br /> <br />Fountain Creek between April and October of 579 acre-feet. Excess Liston and Love replacement <br /> <br /> <br />credits not utilized on Fountain Creek, would be used on the Arkansas River main stem between <br /> <br /> <br />Pueblo Reservoir and John Martin Reservoir to offset well depletions in this reach. Excess Liston and <br /> <br /> <br />Love Ditch credits available between April and October on average will be 216 acre-feet (795-579) <br /> <br /> <br />using estimated future depletions. <br /> <br />As with the Lock Ditch, if AGUA utilizes the Liston and Love as a replacement source, winter return <br /> <br /> <br />flow obligations will need to be replaced to Fountain Creek during the months of November through <br /> <br /> <br />March. Winter return flow obligations for the Liston and Love Ditch have not been quantified, but <br /> <br /> <br />could be estimated using the same procedure used to estimate winter return flow obligations for the <br /> <br /> <br />Robinson Ditch as decreed in 86CW31. This estimate would result in average winter return flow <br /> <br /> <br />obligation of 24.4 percent of April through October net stream depletions or 194 acre-feet. <br /> <br />Purchase of a three-quarter interest in the Liston and Love Ditch would require AGUA to change the <br />water right from irrigation to augmentation use, build an augmentation station, pay for O&M <br />associated with the augmentation station, and lease water to replace winter return flow obligations. <br /> <br />The Venezia Family has not established a selling price for the Liston and Love Ditch. Therefore, the <br />$2,143 per acre-foot of average consumptive use price previously used to estimate the cost of Lock <br />Ditch water was multiplied by the 601 acre-feet long-term average annual consumptive use yield, to <br />estimate a purchase price of $1,287,900 for the three-quarter interest in the Liston and Love Ditch. <br /> <br />The cost to construct an augmentation station for the Liston and Love Ditch was assumed the same as <br /> <br /> <br />the cost to construct the Lock Ditch augmentation station or $15,000. The annual O&M cost to <br /> <br /> <br />maintain the augmentation station is estimated to be $2,500 for a part time superintendent to maintain <br /> <br />-31- <br />