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961079 04/24/2018 08.32 AM Page 10 of 18 Unless otherwise agreed to by Southeastern and Canon City, South Forty's use of municipal Project Water to augment South Forty's depletions must first be attributed to municipal Project Water Return Flows that are physically and legally available to Canon City. If sufficient municipal Project Water Return Flows are not so available to Canon City, then South Forty may use municipal Project Water allocated to Canon City for augmentation, subject to Southeastern's rules, regulations, policies, procedures, contracts, charges and terms in effect at the time of such allocation. South Forty acknowledges that Southeastern owns Project Water Return Flows, and that Southeastern, through the Southeastern Colorado Water Activity Enterprise, has maintained dominion and control over Project Water Return Flows and has the right to sell Project Water Return Flows. South Forty acknowledges Southeastern has not abandoned its rights to use or sell Project Water Return Flows. South Forty also agrees not to assert that Southeastern or the Southeastern Colorado Water Activity Enterprise has lost dominion or control over, or has abandoned or surrendered, Project Water Return Flows. 15. Terms and Conditions to Protect the Winter Water Storage Program from Injury. South Forty's augmentation plan will not operate in any manner or at any time that would interfere with operations of the Project, including the Winter Water Storage Program water rights decreed in Case No. 84CW 179. The times, places and amounts of delivery of any replacements shall be as reasonably determined by the Division Engineer consistent with this Decree. South Forty shall replace depletions as required by this Decree in a manner that protects senior water rights, including exchange rights. From November 15 through March 14 (the "Winter Storage Season"), such replacements will normally be made at Pueblo Reservoir to the Winter Water Storage Program ("WWSP") and Colorado Springs' exchange of trans-mountain return flows from Fountain Creek into Pueblo Reservoir up to 17,000 acre feet during the Winter Storage Season ("Colorado Springs' Winter Exchange"), as contemplated by the "Stipulation Between Applicants and the City of Colorado Springs and Others" in Case No. 84CW 179, executed December 28, 1984 (the "1984 Stipulation"). Any other method of such replacement during the Winter Storage Season shall avoid any injury to the WWSP as decreed in Case No. 84CW 179, or to Colorado Springs' Winter Exchange Rights as decreed in Case No. 84CW203. South Forty shall coordinate with the Division Engineer to determine the appropriate amounts of water to be replaced to each affected water user during the non-irrigation season, based on the 1984 Stipulation, considering a daily accounting of the amount called by each entity and an estimate of undepleted inflows into Pueblo Reservoir. 16. Fremont County Wastewater Treatment Plant. At times that the average daily flows in the Arkansas River are less than 190 cfs at or below the outfall of the Fremont County Wastewater Treatment Plant, South Forty will replace its evaporation depletions above the outfall of the Fremont County Wastewater Treatment Plant. 17. Pond Uses. South Forty is using the South Forty Ponds for recreational, wildlife and piscatorial uses. As these uses are non-consumptive and South Forty is replacing 100 percent of the out-of-priority evaporative depletions associated with the ponds, a separate augmentation Lindner/Aug Plan Appl/Pleadmgs/Mtn for Entry of ROR/Final ROR Decree 2-7-2018 Clean doe 10