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<br />. <br /> <br />...... <br /> <br />---.. <br /> <br />PIAN FOR AUGMENTATION <br /> <br />5. Names of structures to be augmented: <br /> <br />(al The Florence-Coal Creek-Williamsburg direct flow right <br />adjudicated by Decree of, this Court dated November 8, <br />1982 as amended February 11, 19B5 in Case BOCW91 <br />(recorded February 20, 1985 at Book 715, Page 455), as <br />changed by decree of this Court dated December 31, 1987 <br />in,Case 86CW120, which decree was recorded January 13, <br />1988 at Book 853, page 277, records of Fremont County.. <br /> <br />6. Previous decrees for water rights to be used for augmentation: <br />as stated in paragraph 3 above. <br /> <br />7. Historic use: See paragraph J.F. above. <br /> <br />8. statement of plan for augmentation: <br /> <br />Introduction. The plan will use the historical consumptive <br />use of the' water rights listed in paragraph 2 hereof to replace the, <br />consumptive use of water diverted under the rights listed in <br />pa~agraph 5(a) hereof. <br /> <br />Said Case 80CW93 is res judicata as to all matters here <br />presented except any measurements and structural. changes which may <br />eventuaily be needed to prevent injury due to "shrink" within the <br />Union Ditch and Rainbow Ditch. By way of example and not by way of <br />limitation, matters which were conclusively determined in 80CW93 <br />in~lude (references are to paragraph numbers in 80CW93): <br /> <br />(a) Transfer of Annlicants' Union Ditch Shares. The <br />municipal use of Union Ditch water will have a lower <br />consumptive use percentage than was historically the <br />case. Therefore, if municipally owned water in the Union <br />Ditch is diverted for municipal use, there will be a net <br />benefit to the stream. This excess water returning to <br />the river may be used for augmentation purposes as more <br />particUlarly described hereinafter. However, Applicants <br />may physically divert from the Arkansas. River only the <br />water represented by its proportionate share of stock in <br />the Union Ditch. (Findings i9.1 <br /> <br />(b) The Court finds that the consumptive use percentage of <br />water, diverted under the Union Ditch water rights has <br /> <br />\3043. <br /> <br />3 <br /> <br />~ <br />