2017-06-16_GENERAL DOCUMENTS - M1989056

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Decree Case No. 04CW6 Pit are prohibited including, without limitation, storage of water for mining or irrigation purposes. 24. Recharge Credit.The Applicant shall construct and obtain approval of the Recharge Pit by the Water Commissioner or Division Engineer within three months of the date of entry of this decree. Applicant shall provide to the Court and the opposers in this case notice of such approval within the same time period. The Water Commissioner must approve the Recharge Pit after it is constructed before any credit will be given for water placed into recharge. The monthly amount of water recharged to the aquifer should be calculated by subtracting the following from the monthly amount of water delivered into the Recharge Pit: 24.1. The monthly amount of water discharged from the Recharge Pit; 24.2. The monthly amount of water lost to evaporation (based on the maximum water surface area) calculated in accordance with the monthly net evaporation rates set forth in Table 3 above; 24.3. The monthly amount of water lost to consumptive use due to vegetation within the Recharge Pit, as calculated in accordance with paragraph 23.6 above; 24.4. The amount of water retained in the recharge structure at the end of the month that has not yet percolated into the ground. 25. Alternative Replacement Method. At the time of entry of this decree,the subsurface conditions at the location of the proposed Recharge Pit have not been investigated fully. In the event this location is impracticable for the intended purposes, Applicant will notify opposers and the Court and propose an alternative recharge location or alternative storage pond for replacement("Alternative Replacement Method"), provided that the centroid of any such alternative recharge location must be located on the Kehn Property 2,200 feet from the Cache la Poudre River, plus or minus 200 feet(X distance =2,200 feet+/- 200 feet). With the notice, the Applicant shall provide the exact location and W and X values for the alternative location and demonstrate that the proposed alternative recharge location will be sufficient to ensure replacement to the Cache la Poudre River of all historical subsurface return flows and depletions from evaporation and operational losses. If no alternative location is available or conditions are such that recharge is difficult to maintain, as an alternative to the use of the Recharge Pit, Applicant may construct a lined Storage Pond of capacity greater than 75 acre-feet with center located at approximately 40' 30' 0 1"N and 104°58'21"W . Within three months of the date of this decree,the Storage Pond shall be lined and approved in accordance with the State Engineer's lining criteria, and the Applicant shall provide a stage-area-capacity chart for the Storage 10