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Ruling and Decree <br /> Case No.2009CW271 <br /> City of Longmont <br /> to daily depletion rates on Longmont's accounting forms. Depletions associated with the Project <br /> Reclamation Features are instantaneous to St. Vrain Creek in the NW% of Section 9, Township 2 <br /> North, Range 68 West of the 6th P.M., Weld County,Colorado. <br /> B. Replacements. <br /> i. Irrigation season. During April through October, when the Project <br /> Reclamation Features are out-of-priority, Longmont shall replace the depletions by: (1) <br /> delivering the Longmont Coffin Davis Right's net stream depletion credits (calculated pursuant <br /> to Paragraph 8.E., above)directly to the Mine Permit Area, (2)by delivering the Longmont <br /> Coffin Davis Right's net stream depletion credits to Dry Creek and St. Vrain Creek via the <br /> augmentation station described above, or(3)by providing augmentation water from Longmont's <br /> other available fully-consumable sources, delivered to St. Vrain Creek downstream of the Dry <br /> Creek confluence and above the next downstream calling water right. When Longmont replaces <br /> the depletions by delivering the Longmont Coffin Davis Right's net stream depletion credits to <br /> the Mine Permit Area, the evaporative and wetlands consumptive use depletions will be replaced <br /> instantaneously with all or a portion of those credits, as with deliveries to the stream. <br /> ii. Non-irrigation season. During November through March,when <br /> the Project Reclamation Features are out-of-priority,Longmont shall replace the depletions by <br /> delivering water to St. Vrain Creek, at or above the downstream calling water right, from the <br /> sources described in Paragraph 10, above,which may include, at Longmont's discretion, <br /> Longmont Coffin Davis Right water stored in Union Reservoir pursuant to this Ruling and <br /> Decree. <br /> C. Measurement and accounting. Longmont shall install measuring devices <br /> acceptable to the Division Engineer as necessary to administer the plan for augmentation <br /> approved herein. Longmont shall keep accurate daily records of all calls, calculations of <br /> depletions, and amounts and sources of replacements made under this plan for augmentation. <br /> Draft accounting forms are attached hereto as Exhibit D; these forms may be integrated with <br /> Longmont's other accounting forms already developed and used by Longmont. The accounting <br /> forms are not decreed herein and may be modified from time to time upon approval of the <br /> Division Engineer. Copies of the accounting shall be submitted to the Water Commissioner on a <br /> monthly basis, and an annual report shall be submitted to the Division Engineer by November <br /> 15th, or such other date specified by the Water Commissioner, summarizing the diversions, <br /> depletions and replacements made pursuant to this Ruling and Decree. <br /> D. Adequate replacement water. The court finds that the replacement sources <br /> described in Paragraph 10, above, including,without limitation, the historical net stream <br /> depletions from the Longmont Coffin Davis Right,provides Longmont with a firm supply of <br /> augmentation water sufficient to make the replacements required under the plan for augmentation <br /> approved herein. The water to be provided for augmentation is of a quality and quantity so as to <br /> 15 <br />