2016-08-25_REVISION - M2001022 (8)

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Case No.09CW105 Findings of Fact, Conclusions of Law, Judgment and Decree Page 6 of 28 Bokelman Reservoir No. 1 for subsequent beneficial use, augmentation or return flow obligations following storage in the reservoirs. 7. Conditions to Prevent Injury: Loveland Ready Mix may divert, store and use water from the Hillsborough Shares for the Changed Uses, subject to the following terms and conditions: 7.1 Diversion Season. Loveland Ready Mix shall limit its annual deliveries to the April 10 through October 31 period. All water delivered in October shall be returned directly back to the stream to maintain historical return flows. 7.2 Ditch Loss. The ditch loss on the Hillsborough Shares shall be assessed the same as for other shares in the ditch. The Hillsborough Shares shall be entitled to pro rata delivery, the same as other shareholders using water for irrigation, subject to the volumetric limits in Paragraph 7.3. 7.3 Volumetric Limits. Deliveries of water attributable to the Hillsborough Shares for the originally decreed irrigation use or for the Changed Uses shall be subject to the following monthly, annual and long term volumetric limits: 7.3.1 The maximum monthly delivery for the Hillsborough Shares: Monthly Maximum Delivery ac-ft April 24.91 May 69.65 June 101.32 July 119.23 August 78.19 September 60.05 October 29.65 7.3.2 The maximum annual delivery for the Hillsborough Shares is 377 acre-feet in any year. Deliveries shall not exceed 16,318.53 acre-feet over any consecutive fifty seven year period. Deliveries shall not exceed 6,356.8 acre-feet over any consecutive twenty year period. In the first ten years of operation pursuant to this decree, deliveries of the Hillsborough Shares shall not exceed a cumulative total of 3,178.4 acre-feet. In order to start comparing cumulative deliveries to the volumetric limits upon entry of the decree, LRM shall use the last fifty six years of deliveries from its historical study period as shown in Exhibit E and assume these values for past years of delivery prior to entry of the decree.