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Ruling and Decree <br /> Case No.2009CW271 <br /> City of Longmont <br /> 15.3 c.f.s. Combined diversions of the Longmont Coffin Davis Right for both the original <br /> decreed uses and the alternate uses shall not exceed 17.3 c.f.s. <br /> B. Since at least entry of the 1981 Decree,the 17.3 c.f.s. of Priority 31 has <br /> been used to irrigate all of the land historically irrigated under the Coffin Davis Ditch. <br /> C. Measurement. Longmont(or AI pursuant to the Mineral Lease <br /> Agreement) shall install a measuring and recording device in the Coffin Davis Ditch to measure <br /> the daily diversions of the Longmont Coffin Davis Right. The measuring device shall be subject <br /> to the approval and conform to the current standards of the Division Engineer and will include a <br /> continuous recorder to generate a record of daily diversions of the Longmont Coffin Davis Right. <br /> Longmont shall measure and account for all water diverted and used under the Coffm Davis <br /> Right on a daily basis and shall submit monthly accounting to the Division Engineer and Water <br /> Commissioner on forms acceptable to them. An augmentation station will also be constructed(at <br /> a location to be determined by Longmont)to deliver water diverted pursuant to the Longmont <br /> Coffin Davis Right to the Mine Permit Area and/or back to Dry Creek and St. Vrain Creek. A <br /> measuring device and continuous recorder will be installed as part of the augmentation station to <br /> measure all such deliveries. The measuring device for diversions and the augmentation structure <br /> may be constructed as a single structure,provided such structure is approved by the Division <br /> Engineer. <br /> D. Timing of diversions. Diversions of the Longmont Coffin Davis Right for <br /> the alternate uses described above shall be limited to the season of April 1St through October 30 <br /> of each year. Should any use for the original irrigation purposes be made prior to Longmont's <br /> designation on April 15th, it will be based on the prior year's percentage designation. <br /> E. Net stream depletion credits. Longmont will generate fully-consumable <br /> net stream depletion credits on a daily basis when diverting water pursuant to the Longmont <br /> Coffin Davis Right for the alternate uses described above. When the downstream call is junior to <br /> December 30, 2009, and no return flow replacements are required as set forth in Paragraph 8.H., <br /> below,then net stream depletion credits shall be equal to measured diversions. When the <br /> downstream call is senior to December 30, 2009,net stream depletion credits will be calculated <br /> by multiplying measured diversions by the appropriate monthly depletion factor in Table 1, <br /> below. The calculated net stream depletion credits may be delivered,via the augmentation <br /> station and at Longmont's sole discretion, either directly to the Mine Permit Area or to Dry Creek <br /> and St. Vrain Creek(or a combination thereof). All net stream depletion credits delivered <br /> directly to the Mine Permit Area will be deemed fully used for replacement of out-of-priority <br /> depletions pursuant to the plan for augmentation approved herein, and Longmont shall not claim <br /> any credit for any Longmont Coffin Davis Right net stream depletion credits so delivered to the <br /> Mine Permit Area in excess of the augmentation replacement requirements. Net stream depletion <br /> credits delivered to Dry Creek and St. Vrain Creek, and not otherwise directly used by Longmont <br /> 6 <br />