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<br /> <br />Builder’s Aggregate SWSP August 18, 2017 <br /> Page 3 of 7 <br />Decree Decree Provisions Related to the Use of Recharge or Excess Credits <br />02CW86 Paragraph 25.1 states that excess recharge credits may only be leased <br />to other entities for a one year period. Further, if recharge water is <br />used by the entity in five separate years, the user is required to apply <br />to the Court and obtain a decree authorizing the use of such recharge <br />water for the use to continue. <br />This source may be used for up to five years. <br />88CW239 <br />a.k.a. Equus <br />Paragraph 5(i) on page 15 allows the lease, sale, or assignment of <br />“surplus credits” not used by Applicants to any third party pursuant to <br />an SWSP or augmentation plan. <br />This source is allowed as a replacement source in this SWSP and in <br />future years. <br />W-2919 <br />(90CW010) <br />a.k.a. Goodrich <br />Paragraph 32 of the W-2919 augmentation plan allows the use of excess <br />recharge credits through approval by the State Engineer, but in the <br />event the excess credits are used for three consecutive years or for a <br />cumulative total of five years, the recipient must apply to Court and <br />obtain a decree authorizing permanent use of the excess credits. <br />This source may be used for up to three consecutive years or five years <br />total until a decree is entered allowing for additional use. <br />90CW189 <br />a.k.a. Headley <br />Paragraph 17 describes use of credits owned by Riverside as replacing <br />depletions for existing wells or wells to be constructed pursuant to <br />additional plans for augmentation or SWSPs by Riverside. There is no <br />discussion of the use of excess credits by others. <br />The decree limits the use of recharge credits specifically to Riverside. <br />This source may not be used as a replacement source. <br />88CW264(A) <br />a.k.a. National Hog Farm <br />Paragraph 7 limits the use of Riverside’s portion as a replacement <br />source within the 88CW264(B) augmentation plan, or to replace <br />depletions from wells described in the 88CW264(A) decree, or to <br />replace depletions from wells constructed pursuant to additional SWSPs <br />or augmentation plans by Riverside. It continues to say that the <br />recharge credits “will not be available for use by any other party except <br />National Hog Farms, Inc. or its successor-in-interest”. <br />The decree describes only specific uses of the recharge credits. This <br />source may not be used as a replacement source. <br />89CW027 <br />a.k.a. Sublette <br />Paragraph 17 allows the lease, sale or assignment of excess <br />augmentation credits to a third party through an SWSP or augmentation <br />plan. <br />This source is allowed as a replacement source in this SWSP and in <br />future years. <br />86CW387, 88CW221 <br />a.k.a. Vancil <br />Paragraph 11 of 86CW387 and paragraph 12 of 88CW221 contemplate <br />using recharge to replace depletions from existing or future wells within <br />three specific townships. <br />The decree describes a specific use of the recharge credits. This source <br />may not be used as a replacement source. <br /> <br />Table 3 shows a comparison of the monthly total depletions and replacement supplies. The one <br />year trade provides a replacement supply only through March of 2018, and therefore, the SWSP is <br />valid through the end of March 2018. If BA obtains a renewal of a similar lease for 2018, the SWSP <br />approval may be extended through March 2019, with written approval from this office, a copy of <br />the lease renewal and a revised version of Table 2 that extends through March 2019.