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961079 04/24/2018 08.32 AM <br /> Page 13 of 18 <br /> the diversion and use of water covered by this plan for augmentation, so long as the out-of- <br /> priority depletions associated with such diversions and uses are replaced to the stream system <br /> pursuant to the conditions of this decree. To the extent that South Forty or its successors or <br /> assigns is ever unable to provide the quantity of replacement water required to replace out-of- <br /> priority depletions hereunder, then the South Forty Ponds shall not be entitled to operate under the <br /> protection of this plan, and shall be subject to administration and curtailment in accordance with <br /> the laws, rules, and regulations of the State of Colorado. Pursuant to C.R.S. §37-92-305(8), the <br /> State Engineer shall curtail all out-of-priority diversions, the depletions from which are not so <br /> replaced as to prevent injury to vested water rights. <br /> 29. Administration of Plan. The monthly lagged depletion volume will be prorated on a <br /> daily basis for each month. The timing of the releases of replacement water to meet the monthly <br /> evaporative depletions shall be determined by the Division Engineer's Office as needed to prevent <br /> injury, with any releases or accumulation of releases, to be determined by pro-rating the monthly <br /> evaporative depletions over the days of the subject month. The Division Engineer's Office shall <br /> administer augmentation water releases past any diverting structures located between the <br /> replacement location and the downstream senior calling water right. <br /> 30. Adequacy of Terms and Conditions. The terms and provisions of this decree, <br /> including the accounting and administrative procedures set forth herein constitute adequate <br /> measures to prevent material injury to vested water rights by South Forty's operations under this <br /> decree and by the use and administration of the augmentation water. <br /> 31. Transit Losses. The Division Engineer shall assess appropriate transit losses, if <br /> any, on the provision of the leased augmentation water supplies and from the point of release to <br /> the location of stream depletions. <br /> 32. Accountings. The accountings shall be provided to the Division Engineer <br /> demonstrating compliance with this plan, including evaporative depletions to the Arkansas River <br /> and augmentation water provided. The accounting shall be in a form acceptable to the Division <br /> Engineer's Office. The accounting shall also include a demonstration that a sufficient amount of <br /> augmentation water is available and dedicated to the augmentation plan to replace out-of-priority <br /> groundwater depletions, and shall include daily call information, net evaporative depletions, <br /> unlagged and lagged depletions to the river, deliveries of replacement water by source and <br /> location, transit losses, and net impact to the Arkansas River. Accounting procedures and reports <br /> shall be reviewed and approved by the Division Engineer before the augmentation plan is <br /> operated. Copies of such accounting shall, upon request, be supplied by South Forty to any <br /> objector in this case. <br /> 33. Measurement. Pursuant to C.R.S. §37-92-502(5)(a), and in addition to the <br /> measurement and recording obligations of this Decree, South Forty shall install and maintain <br /> measuring devices required by the Division Engineer for the operation of this plan for <br /> Lindner/Aug Plan Appl/Pleadmgs/Mtn for Entry of ROR/Final ROR Decree 2-7 2018 Clean doc 13 <br />