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Ruling and Decree Case No.2009CW271 City of Longmont following the entry of a decree in this case, the preceding 39 years shall be the last 39 years covered by the study period(1952-1990) as set forth in the attached Exhibit C. In each subsequent year, one less year's diversions (starting with 1952 and proceeding chronologically) will be utilized from Exhibit C for inclusion in the rolling 40-year limit and one more year of actual diversions under the change decree(the immediately preceding year) shall be added. Following 39 years of Longmont's operation of the changed water right, and every year thereafter, Longmont's actual diversions for the preceding 39 years shall be used to determine the diversion limit in each year based on the 40-year rolling average volumetric limit. H. Return flow replacements. When diverting the Longmont Coffin Davis Right for the alternate uses, Longmont shall maintain historical irrigation return flows associated with the Longmont Coffin Davis Right. Longmont shall make its required historical irrigation return flow replacements to Dry Creek and/or St. Vrain Creek at or above a point on the St. Vrain Creek where the St. Vrain Creek crosses under Colorado State Highway 119,which crossing is depicted on Exhibit F attached hereto. Longmont shall deliver water to satisfy its return flow obligations under this decree when there is a valid downstream call, including decreed exchanges, senior to December 30, 2009. Longmont shall replace its return flow obligations upstream of the senior downstream calling right including decreed exchanges. I. Calculation of return flow replacements. i. Irrigation season. During April through October, Longmont's return flow replacement obligations shall be calculated daily by multiplying the measured diversions of the Longmont Coffin Davis Right for the alternate uses by the appropriate monthly return flow factor in Table 3,below. Longmont Coffin Davis Right diversions calculated as return flow water shall then be returned to Dry Creek and delivered to St. Vrain Creek at their confluence, to satisfy return flow replacement obligations. ii. Non-irrigation season. During November through March, Longmont's monthly return flow replacement obligations shall be calculated by multiplying the total measured diversions of the Longmont Coffin Davis Right for the alternate uses during the preceding April through October by the appropriate monthly return flow factor shown in Table 3, below. Table 3 Return Flow Factors Irrigation Season Non-Irrigation Season Return Flow Return Flow Month Factor Month Factor April 49% November 2.1% May 35% December 1.9% June 31% January 1.6% 8