2016-08-25_REVISION - M2001022 (8)

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Case No. 09CW105 Findings of Fact, Conclusions of Law, Judgment and Decree Page 10 of 28 conditions on the changed Hillsborough Shares under this decree even to the extent that this paragraph 7.7.1 imposes additional obligations on LRM that are not required by any subsequent revision to LRM's DRMS Permit No. M-2006-080. 7.7.2 Additionally, LRM shall discontinue taking delivery of Hillsborough Shares at the Bokelman farm headgate after all historically irrigated lands at the Bokelman property are removed from agricultural irrigation and the pond shown on the attached Exhibit C which is located on adjacent property upgradient from the Bokelman property shall not be refilled. 7.8 Except as provided in Paragraph 7.10,the historically irrigated land may be irrigated, provided such irrigation is accomplished via use of the consumptive use portion of the Hillsborough Shares, water provided by a municipal water provider, augmented wells, non-tributary water, not non-tributary water that is augmented, or any other source of water approved for use on those lands by the Water Court or the State Engineer. There shall be no use of other Hillsborough Ditch shares on these lands, unless irrigation of the historically irrigated lands by such shares is approved pursuant to a subsequent water court decree or pursuant to a Substitute Water Supply Plan if appropriate. 7.9 Any use for augmentation at the Dunn site may only be made pursuant to a court-approved plan for augmentation or substitute water supply plan approved by the State Engineer pursuant to statute. 7.10 The Hillsborough Shares may continue to be used for the originally decreed irrigation use under the Hillsborough Ditch until the shares are put to a Changed Use so long as deliveries for such irrigation use are accounted for and included in the volumetric limits in Paragraph 7.3. Once a portion of the Hillsborough Shares are put to a Changed Use, such portion shall be permanently removed from the originally decreed irrigation use and may only be subsequently used for the Changed Uses. 7.10.1 In any year that all or a portion of the Hillsborough Shares are used for the originally decreed irrigation use, LRM shall provide written notice to the Division Engineer and Central by April 1. 7.10.2 In any year that all or a portion of the Hillsborough Shares are first put to a Changed Use, LRM shall provide written notice to the Division Engineer and Central by April 1 St. The notification shall describe the number of Hillsborough Shares that are being put to a Changed Use and the number of acres that will be dried up. The notification shall include either a legal description or a map showing the lands that will be irrigated with the remaining Hillsborough Ditch Shares pursuant to the originally decreed irrigation use and the lands that will be or have been dried up. In any year, no portion of the Hillsborough Shares shall first