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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, ~7CW373

F. Uses: Irrigation. In Case No. 83CW126, the uses of these water rights was
changed to include irrigation, municipal, domestic, industrial, fire protection,
commercial, and recreation uses, either directly or by exchange.

G. The total consumptive use associated with these two water rights is limited to 460
acre-feet of water per year, provided that the historic consumptive use of the
Buster Pump and Pipeline may occur only during the period April 15 through
October 15 of each year.

H. Description of change of point of diversion: The points of diversions of the
subject water rights are hereby moved to the point of diversion of the New Castle
Augmentation Station applied for herein. Water will be diverted through the New
Castle Augmentation Station for exchange purposes described in the exchange
decreed herein. The uses and total consumptive use under the subject water
rights will remain subject to the limitations set forth in the decree in Case No.
'83CW126. Consumptive use under these water rights shall occur in the manner
described in Paragraph 10, below.

1. Water rights to be used for augmentation purposes under the above application
for approval of plan for augmentation shall be used for such purposes only when
such water rights would have been in priority and water is physically available
at the original point of diversion.

J. Water rights decreed to Adams Lake and the Buster Pump and Pipeline shall ben
dedicated for use in this plan for augmentation by the Applicant. However,
nothing shall prevent the Applicant from using these water rights for other
purposes if full development under this plan does not occur and if the Court
allows for such other uses ina Water Court proceeding.

EXCHANGE

10. The Court finds with respect to the exchange of water rights applied for: Historic
consumptive use credits associated with the irrigation under the Coryell Ditch will provide a full
irrigation season supply for augmentation purposes to the Castle Valley Ranch P. U. D. under the'
augmentation plan described above. Historically, water rights decreed to the Red Rock Ditch
have been subject. to call by the Ware and Hinds Ditch located on Elk Creek. Therefore,
historic consumptive use credits associated with the Red Rock Ditch will not be available for
augmentation purposes throughout the entire historic irrigation season. In order to provide a
secure water service to the Castle Valley Ranch P. U . D., and in order to compensate for the lack
of seniority of water rights in the Red Rock Ditch to be used for augmentation, at such times
as the water rights in the Red Rock Ditch are used or claimed for augmentation, and when suchawater rights are out of priority, water will be pumped- from the Colorado River at the New
Castle Augmentation Station to a point on Elk Creek above the headgate of the Ware and Hinds
Ditch (or to a point in the Ware and Hinds Ditch). Water will be diverted at the New Castle
Augmentation Station' under its own water right and under the Buster Pump and Pipeline and

C:\fILES\NEWCAST.l DE
July 17, 1991

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