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9. Terms and Conditions to Prevent Injury: In order to prevent expansion of use <br />and injury to other water rights, the Applicants' use of the Subject Water Rights as <br />changed herein shall be governed by the following terms and conditions: <br />9.A. Seasonal Diversion Limitations: Diversions of water under the Subject <br />Water Rights shall be limited to April1 through November 1 and to times when the <br />Canon Irrigating Ditch water right is in priority. The Subject Water Rights will <br />continue to be diverted at the river headgate of the Canon Irrigating Ditch and will <br />then be delivered through the ditch to the recharge pond described in paragraph <br />12.A., below ("Recharge Pond"). All deliveries to the Recharge Pond will be <br />measured by use of a measuring device that is acceptable the Division Engineer. <br />9.13. Monthly Maximum Volumetric Limitations: Deliveries of water under the <br />Subject Water Rights to the Recharge Pond shall be limited to the following monthly <br />acre-foot maximums: <br />April I Ma June I July I August I September October <br />10 122 121 1 17 115 18 8 , <br />9.C. Annual Maximum Volumetric Limitation: Creditable deliveries of water <br />under the Subject Water Rights to the Recharge Pond shall not exceed a maximum <br />of 66.6 acre-feet in any season (April 1 through November 1). <br />9.D. Ten -Year Cumulative Volumetric Limitation: Deliveries of water under the <br />Subject Water Rights to the Recharge Pond shall not exceed a cumulative amount <br />of 430 acre-feet in any consecutive 10 -year period. The maximum volume of <br />creditable delivery allowed to the Recharge Pond in any individual year shall be <br />calculated as 430 acre-feet less the sum of deliveries during the previous nine years. <br />For purposes of starting the calculation of the 10 -year cumulative delivery limit, for <br />the 9 years prior to the first year in which the Subject Water Rights are used <br />pursuant to this Decree, Applicants shall assume that the deliveries to the Recharge <br />Pond were equal to 40.4 acre-feet per year. <br />9.E. Replacement of Historical Return Flows: 50% of water delivered under the <br />Subject Water Rights to the Recharge Pond shall be relinquished to the stream to <br />replace return flows associated with historical use of the Subject Water Rights. <br />Accordingly, and subject to the requirements in Paragraph 12.C.1 below to account <br />for the first 0.38 acre-feet of water diverted into the Recharge Pond as payment for <br />evaporation, only 50% of water delivered under the Subject Water Rights to the <br />Recharge Pond may be used for augmentation and replacement within the plan for <br />augmentation decreed herein. <br />PLAN FOR AUGMENTATION <br />10. Description of Well to be Augmented: <br />°m <br />Summit Engineering Job Numter: 1707122CE 32 <br />m <br />719-589-61.47 <br />Alamosa, CO <br />