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<br />-! <br /> <br />the limitation that the total quantity in the account at any time <br />cannot exceed 4,500 acre-feet and that the delivery cannot include <br />water that otherwise would have accumulated in conservation <br />storage. This account shall be used for agricultural purposes only <br />and shall not be used in any manner to increase the permanent <br />recreation pool either by exchange, transfer, change of use, or <br />otherwise. <br />2. This account shall become effective on December 12, 1984, and <br />remain in full force and effect through March 15, 1985, and from <br />year to year thereafter for the period November 15 through March <br />15 unless terminated pursuant to condition 6 below. During the <br />winter storage season, Highland and Ninemile may divert at their <br />headgates until they go into storage, after which they must stay in <br />storage through March 15. Highland and Ninemile must both be in <br />storage simultaneously. <br />3. The winter storage water in the Ninemile and Highland account <br />will be available for the use of the Ninemile and Highland by <br />exchange between March 16 and October 31. The winter storage <br />water can be exchanged when water diversions into one or both of <br />these ditches are being regulated to satisfy senior water rights <br />downstream in Water District 67. An exchange can be implemented <br />by either of the two companies by having water released from the <br />account to compensate for increased water diversions at its <br />headgate. Releases wjJl bE' made on a one-for-one basis with out-of. <br />priority diversions by the ditches. Water in the Ninemile and <br />Highland winter storage account shall only be exchanged from the <br />John Martin Reservoir to either the Ninemile headgate or Highland <br />headgate for direct irrigation use. Under no circumstances shall <br />this water be exchanged or used in any other fashion. <br />4. This winter storage plan will be administered on a daily basis by <br />the Colorado Division Engineer acting in both of his capacities as <br />the Division Engineer and the Operations Secretary for the <br />Administration. The program will be administered by the following <br />terms: <br />a. Ninemile and Highland may store flows on a daily basis subject <br />to the following two limitations: <br />i, The storable quantity will be computed as the lesser of: 11) <br />the quantity of daily streamflow in the Purgatoire River at <br />the Ninemile gaging station multiplied by the factor of 0.75, <br />or (2) the quantity of daily streamflow in the Purgatoire <br />River at the Las Animas gaging station minus one-haIr of the <br />flows at the Ninemile gaging station. <br />ii. The daily rate of deli\.'ering winter storage water to John <br />Martin Reservoir shall not exceed the decreed diversion <br />capacities of the two ditches. The decreed diversion <br />capacilies are 62.5 cfs for the Highland and 75 cfs for the <br />Ninemile and will be used as the upper limit for this season. <br />Storage may occur until March 15 or until the 4500 acre-foot <br />account is filled, whichever occurs first. <br />b. Winter storage water delivered to the account of Ninemile and <br />Highland will be treated as "other water" under Sub-Section <br />11. G and Section 1lI 01 the Operating Plan and shall be subject <br /> <br />54 <br />