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2018-04-11_PERMIT FILE - M1974004
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2018-04-11_PERMIT FILE - M1974004
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Entry Properties
Last modified
1/19/2021 9:02:35 PM
Creation date
4/11/2018 4:16:33 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1974004
IBM Index Class Name
PERMIT FILE
Doc Date
4/11/2018
Doc Name
Findings Of Fact/Conclusions Of Law/Declaratory Order
From
Dist. Court - Water Division No. 1
To
DRMS
Email Name
MAC
WHE
Media Type
D
Archive
No
Tags
DRMS Re-OCR
Description:
Signifies Re-OCR Process Performed
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the accounting forms have been approved by the Division Engineer. Any disputes concerning <br /> the accounting shall be resolved by the Court under its retained jurisdiction. <br /> 26.1.2 The accounting forms may be revised from time to time as long as the <br /> information required by this Decree is included in the forms and with the approval of the <br /> Division Engineer. Applicant shall provide opposers in this case with copies of its proposed <br /> amended accounting forms, and opposers shall have 35 days from the date of the notice to <br /> provide comments to Applicant and the Division Engineer. At a minimum, the accounting forms <br /> shall include the following: (1) the controlling priority on the River to which diversions under <br /> this Decree are subordinate, (2) total diversions and diversions by each structure, (3) total <br /> depletions and depletions from each structure, (4) total net out-of-priority depletions requiring <br /> replacement, (5) total return flow obligations requiring replacement, (6) available historical <br /> consumptive use credits, (7) available replacement supply under the Coors leases, (8) any other <br /> replacement supplies, transit losses, excess credits delivered to storage in Magic Mountain <br /> Reservoir and Spec Agg Pit by exchange, (9) releases from Magic Mountain Reservoir, <br /> (10) releases from Spec Agg Pit, (11) net effect to the river, (12) total storage content and in- <br /> priority water stored in Magic Mountain Reservoir and Spec Agg Pit Reservoir, (13) the location <br /> of where obligations are owed, (14) exchange to and from amounts and locations and (15) all <br /> volumetric limits. The accounting shall be balanced on a monthly basis or more frequently if <br /> required by the Water Commissioner or the Division Engineer, ensuring that the actual amount <br /> of water in the Reservoirs as determined by a staff gage and a stage-capacity table approved by <br /> the Division Engineer does not exceed the lawful storage after taking into account required <br /> evaporation, if any; however from March 1 through November 15 this accounting shall be <br /> balanced on a weekly basis. Depletions requiring replacement may include lagged depletions <br /> requiring replacement from any future use of the five Heritage Square wells for decreed purposes <br /> as described in the Consolidated Decree. At least 35 days before pumping the wells, the <br /> Applicant shall file with the Court and serve on the Division Engineer and the opposers the <br /> lagging factors that the Applicant will use to calculate depletions from the wells. If any party, or <br /> the Division Engineer, wishes to object to the Applicant's lagging factors, a written objection <br /> shall be filed within 35 days of the date of the Applicant's filing. If no objection is so filed, then <br /> the Applicant may use the selected lagging factors without any further notice to the Court, the <br /> opposers, or the Division Engineer. If an objection is filed, the Applicant will not pump the <br /> wells until the matter is resolved by the Court. <br /> 26.1.3 The accounting is an administrative tool required by this Decree to <br /> confirm that diversions and replacements are made in correct time, location, and amount in <br /> accordance with the terms and conditions of this Decree. The accounting shall be sufficient in <br /> detail so that state water officials are not limited in their duty to administer, and make record of, <br /> the movement of water in accordance with this Decree. All accounting must be acceptable to the <br /> Division Engineer, or his designated representative, and shall adhere to all applicable policy, <br /> guidelines, and protocol established by the Division Engineer. <br /> Judgment and Decree <br /> Application of Martin Marietta Materials,Case No. 13CW3053 <br /> Page 26 <br />
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