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filing of the original application. In addition, Applicant is entitled to store by exchange and use <br /> any portion of the Changed Water Rights, pursuant to the exchange decreed in the Consolidated <br /> Decree. <br /> 6.4.6 Martin Marietta will continuously evaluate the amount of water available <br /> to replace projected out-of-priority depletions and return flow requirements. If at any time actual <br /> or anticipated depletions exceed the amount of replacement water supplies, then Martin Marietta <br /> shall either identify and secure additional supplies for the plan, such as obtaining additional <br /> potable water available at the site through a contract with the City of Golden, or curtail all out- <br /> of-priority diversions and depletions until Martin Marietta identifies sufficient replacement <br /> supplies to replace all out-of-priority depletions in time, location and amount as required by the <br /> terms and conditions of this Decree. <br /> 6.4.7 In order for Applicant to rely upon the leased water for augmentation or <br /> replacement purposes, the contract water provider(s) must record and report to the Division of <br /> Water Resources the time, place, and amount of legally available sources of water delivered <br /> under such contract(s). Applicant will include this information in its accounting, which it will <br /> submit to the Division of Water Resources. <br /> 7. Amendment to Change of Water Rights to Add Additional Source of Non-Irrigation <br /> Season Return Flows <br /> 7.1 Summary of Change of Water Rights in Consolidated Decree. The Consolidated <br /> Decree changed Applicant's water rights for the Fisher Ditch, Kershaw Ditch and Manhart Ditch <br /> from direct irrigation use to include direct flow and storage for multiple purposes. Consolidated <br /> Decree, ¶¶30, 47. The historical annual stream depletions for the Changed Water Rights were <br /> quantified at 154.13 acre feet. Consolidated Decree, ¶25. With non-irrigation return flow <br /> obligations of 51.79 acre feet per year, Consolidated Decree, ¶¶26, 30, the annual consumptive <br /> use portion of the Changed Water Rights available for augmentation equals 102.34 acre feet, <br /> subject to the limitations of the Consolidated Decree ¶55. Consolidated Decree, ¶¶30, 51, 55. <br /> The Changed Water Rights have been used continuously for the Consolidated Decree purposes <br /> since entry of the Consolidated Decree, and none of these elements of the Changed Water Rights <br /> as established in the Consolidated Decree are altered or amended by this Decree. <br /> 7.1.1 Applicant has demonstrated and provided notice through this proceeding <br /> that the land historically irrigated with its shares in the Manhart Ditch Company has been removed <br /> from irrigation and has satisfied the condition of paragraph 48 of the Consolidated Decree. <br /> Exhibit A to the Consolidated Decree depicts the lands historically irrigated with shares in the <br /> Manhart Ditch (as well as Fisher and Kershaw Ditches). Figure 3 attached hereto depicts the <br /> lands from which Applicant's 10 Manhart Ditch shares have been removed from irrigation. Those <br /> lands comprise 4.3 acres now owned by Hyland Hills, and encompass the Lowell Pit and <br /> surrounding areas that are not and have not been irrigated with Manhart shares or otherwise. <br /> Notwithstanding that these acres have been removed from irrigation, Hyland Hills intends in the <br /> future to irrigate these lands as part of a regional park and nothing in this Decree precludes Hyland <br /> Judgment and Decree <br /> Application of Martin Marietta Materials,Case No. 13CW3053 <br /> Page 13 <br />