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4179214 Pages: 6 of 16 <br /> 02/08/2026 {0�1:5�4NjPf�7j.jR Fee:a86.00 <br /> Ltj \`' �11f'IT1(s'Ird County, CO.III I'1 <br /> �I III Case No. 12CW304-B <br /> Page 6 of 11 <br /> the City of Greeley, dated November 10, 2004, and recorded at reception #3242334 on <br /> December 8, 2004 in the records of the Weld County Clerk and Recorder (hereinafter the <br /> "Perpetual Lease"). Water stored in the Geisert Reservoir will be released to the Cache la <br /> Poudre River in Section 31, Township 6 North, Range 65 West of the 6th P.M. Water made <br /> available under the Perpetual Lease shall be delivered to the Cache la Poudre River from the <br /> Greeley Municipal Wastewater Treatment Plant outfall, which is located on the south bank of <br /> the Cache la Poudre River in the SW %4 of the SW '/a of Section 4, Township 5 North, Range <br /> 65 West of the 6`h PM or at such other delivery points that Weld County and the City of <br /> Greeley agree in writing; provided, such other points are capable of delivering replacement <br /> water above the downstream calling water right. Both the Geisert Reservoir and the water <br /> from the Perpetual Lease may be used in this augmentation plan and both deliver water in a <br /> location that is sufficient to augment the depletions caused by Geisert Pit Cell 1 so as to <br /> prevent injury to other water rights. <br /> 15. Stipulation with City of Thornton ("Thomton"): Applicant may make replacements above <br /> the calling water right using its Perpetual Lease water unless either of the following <br /> conditions occur: <br /> 15.1. Thornton has notified Applicant that the "low flow" provisions of paragraph <br /> 3 of the stipulation dated July 25, 1991, between Thornton and the Western <br /> Sugar Company in consolidated Case Nos. 86CW401, 86W402, 86CW403, <br /> and 87CW332 has been triggered. Applicant will then make its replacements <br /> to the Cache la Poudre River using its Geisert Reservoir water within 48 <br /> hours of receiving the notification required by this subparagraph from <br /> Thornton. The notification required by this subparagraph may be verbal, <br /> provided it is confirmed in writing. <br /> 15.2. Thornton has notified Applicant that the 30 day moving average flow for the <br /> preceding 30 days in the Cache la Poudre River immediately upstream of the <br /> Greeley WWTP discharge drops below 38 c.f.s., or if the daily flow averaged <br /> over a 24-hour period drops below 14 c.f.s. The flow-rate provisions of this <br /> subparagraph are taken from the provisions of the stipulation dated July 15, <br /> 1991, between Thornton, the City of Greeley and the City of Greeley Water <br /> Board in consolidated Case Nos. 86CW401, 86CW402, 86CW403, and <br /> 87CW332. Applicant will then make its replacements to the Cache la Poudre <br /> River using Geisert Reservoir water within 48 hours of receiving the <br /> notification required by this subparagraph from Thornton. The notification <br /> required by this subparagraph may be verbal, provided it is confirmed in <br /> writing. <br /> 15.3. Upon notification of Applicant as contemplated under subparagraphs 15.L <br /> and 15.2., Applicant will make its replacements to the Cache la Poudre River <br /> using Geisert Reservoir water for a period of 72 hours, unless prior to the <br /> expiration of the 72-hour period, Thornton again notifies Applicant that <br />