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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 />lOlL: <br /> <br />J. Use of Enlarged Space: <br /> <br />In addition to water stored pursuant to this Application, water imported from tributaries of <br />the Colorado River under existing decrees, and/or future Water Division 5 decrees for use <br />of existing facilities, also will be stored in the Turquoise Reservoir Enlargement. The <br />enlarged capacity will be filled primarily by storage and exchange of existing native and <br />imported water rights owned by Southeastern and others, including those entities with <br />allocated space as provided herein, and other parties storing water in Southeastern' s Water <br />Management Storage space by agreement with Southeastern. Such parties must have a <br />decree allowing storage of such water rights in Turquoise Reservoir and/or its enlarged <br />capacity, as well as an allocation or agreement for use of the storage space. Exchanges <br />may include exchange of return tlows from use of Fryingpan-Arkansas Project ("'Fry-Ark") <br />water under existing decrees for the Fry-Ark Project. and others' exchanges pursuant to <br />decrees authorizing such exchange into Turquoise Reservoir, Pursuant to this Application. <br />Southeastern may also store native Lake Fork flows in the enlarged capacity under the <br />priority of this conditional water right, at those rare times when water is legally available to <br />a 2000 priority and space is available in the enlarged capacity. All uses of the enlarged <br />space will be consistent with any applicable terms and conditions of any federal statute <br />authorizing construction of the Turquoise Reservoir Enlargement. <br /> <br />K. C.R.S, 9 37-92-305(9)(b): <br /> <br />Southeastern has initiated an appropriation of the water storage rights described above and <br />has exercised reasonable diligence in pursuing its appropriation of such rights as set forth <br />herein. -Southeastern can and will divert, store, possess, and control water in the water <br />storage enlargement and ....ill beneficially use such water. The water storage enlargement <br />project can and will be completed with diligence and within a reasonable time. <br /> <br />Southeastern, acting through its Water and Storage Needs Assessment Enterprise, <br />completed a Water and Storage Needs Assessment in 1998 and a Preferred St6rage <br />Options PIa., in 2000. These studies, perfcm:ed v.ith. ~e coop~ration of the Unite1 States <br />Bureau of Reclamation, Colorado Water Conservation Board, and numerous participating <br />entities within the Southeastern District, have documented the need for additional storage, <br />including the Turquoise Reservoir Enlargement, to meet increased demands for water <br />storage for municipal and other purposes within the Southeastern District; as well as the <br />estimated costs of the Turquoise Reservoir Enlargement and related water storage <br />development projects. Southeastern is negotiating agreements with various municipal <br />water providers within the District for those entities' participation in the initial <br />implementation and development costs of the Turquoise Reservoir Enlargement and <br />related water storage development projects. Southeastern also has conducted extensive <br />discussions with representatives of the United States, with the aim of obtaining the United <br /> <br />-5- <br />