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961079 04/24/2018 08-32 AM <br /> Page 8 of 18 <br /> measurements or other evidence demonstrating such reduction. Any such reduction approved by <br /> the Division Engineer's Office will reduce the total annual replacement obligations under this <br /> plan for augmentation and shall be reflected in the accounting forms. <br /> When Project Water may not be available for use by South Forty through the Canon City <br /> Water Service Agreement as needed to replace out-of-priority depletions, then South Forty shall <br /> use its other sources of replacement water consisting of the UAWCD leased water or other leased <br /> fully consumable replacement water, substituted for the UAWCD leased water pursuant to this <br /> Decree, to replace those depletions as required under the terms of this Decree. <br /> 13. Groundwater Right. South Forty is granted a conditional groundwater right for the <br /> South Forty Ponds as follows: <br /> a. Name: South Forty Ponds Well <br /> b. Location: The South Forty Ponds Well consists of the two South Forty <br /> Ponds located in the SW1/4 of the NW1/4 and N1/2 of the SW1/4 of Section 1, Township 19 <br /> South, Range 70 West of the 6d' P.M. The South Forty Ponds Well is located within the Canon <br /> City East Pit Property, which is owned by South Forty. <br /> C. Source and Volume: The source of the water for the South Forty Ponds <br /> Well is alluvial groundwater tributary to the Arkansas River. The total amount of water to be <br /> appropriated by the groundwater right is the out-of-priority evaporative depletions associated with <br /> the maximum post-1980 surface area of the South Forty Ponds, which are replaced under the <br /> augmentation plan described in this Decree. The total amount of evaporative depletions that may <br /> occur in one year is 22.32 acre feet per year. <br /> d. Date of Appropriation/Priority: The appropriation date claimed for the <br /> groundwater right is April 28, 2017, which corresponds with the date the Application in this case <br /> was filed with the Division 2 Water Court. The priority date for this groundwater right shall be <br /> for a water rights filing in the 2017 calendar year. <br /> e. Use. The uses of the groundwater are for the on-site recreation, wildlife, <br /> and piscatorial uses. <br /> f. Appropriation of Conditional Water right. South Forty has completed all <br /> of the elements necessary for the appropriation of the conditional groundwater right, including: <br /> 1. South Forty has formed the intent to appropriate water. <br /> 2. South Forty by the filing of this Water Court application has <br /> performed overt acts coincidental with its intent to manifest its intent to appropriate water to <br /> Lindner/Aug Plan AppUI'leadmgs/Mtn for Entry of ROR/Final ROR Decree 2-7-2018 Clean doc 8 <br />