PROJ00079

• Contract/PO #: FS0012X
• Contractor Name: New Castle, Town of
• Contract Type: Loan
• Water District: 0
• County: Garfield
• Loan Projects - Doc Type: Feasibility Study

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" 87 CW3 73

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J. Diversions through' the New Castle Water System necessary to provide water
service to the Castle Valley Ranch P.U.D. during the irrigation season shall be
made under the New Castle Water System First Enlargement right identified in
Paragraph 4.B., above. These diversions shall be separately measured. During
the historic irrigation season (May 1 - October 31), because of its junior priority,
the New Castle Water System First Enlargement water right is expected to be
subject to call by senior appropriators, both within the Elk Creek drainage and
on the Colorado River, during the irrigation season in most years. In order to
allow for the continuation of diversions under this water right at times when it
would otherwise be out of priority, land historically irrigated by the water rights
to be used for augmentation shall be pennanently removed from irrigation as
necessary to provide for all municipal depletions associated with diversions to
serve the Castle Valley Ranch P.U.D. The historically irrigated land to be
removed from irrigation shall be from the acreage identified on Exhibit "A" and
has ,been irrigated from the water rights and in the manner as identified in
Paragraph '~~. above. . Land hi~toriCany ,irrigated.shall be permanently removed
from irrigation in the ratio of at least 0.1 acres for each EQR to be developed
within a particular phase, and the water rights deemed to have irrigated such
historically irrigated acreage shall be conveyed to the Town of New Castle and
included within this augmentation plan, as described in subparagraph H, above.
Approximately 10 acres of land shall be removed from irrigation at a time and
identified as the dried up acreage (such approximation is allowed due to the
varying sizes of parcels capable of being dried up in a block and is meant to give
flexibility to the irrigator to dry up areas that may be somewhat over or under 10
acres in size). There shall be available to the stream system a credit for water
which historically has been depleted under the water rights to be used for
augmentation in an amount equal to or greater than the depletions associated with
those diversions under the Town of New Castle Water System First Enlargement
water right necessary to provide water service to the Castle Valley Ranch P.U.D.
Actual dry up shall be sufficient to offset all depletions which shall be calculated
based on actual diversions pursuant to Paragraph 7.0. and 7~F.

K. If Applicant does not utilize all of the diversion or augmentation capacity decreed
in this case, nothing herein shall prevent Applicant, from using such excess
capacity on other parcels or for other development. However, before any water
rights decreed herein can be used off the property described in the application,
other than a temporary exchange, the Applicant must obtain court approval of a
change in water right application and/or amended augmentation plan application.

L. During the historic non-irrigation season (November 1 - April 30 of each year),
the Town of New Castle's water system, including diversions necessary to serve
the Castle Valley RanchP.U.D., will operate under the New Castle Water Works
System and Pipeline water riglit described in Paragraph'4.A., above. This water
right is sufficient in terms of quantity and seniority to satisfy the projected
demands of the Castle Valley Ranch P.U.D., 'as well as other present and
anticipated growth within the Town of New Castle service area. Therefore, no

C:\FlLESINEWCAST.1 DE
1u1y 17. 1991

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