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Pau[ Noto <br />Aprit 10, 2020 <br />Page 3 of 5 <br />The combination of the diversions from the Clevenger Red Creek Spring and the proposed 2 <br />wells will not exceed 10 acre-feet annually. All diversions are considered to be 100% <br />consumptive for the purposes of this SWSP, <br />REPLACEMENTS <br />The Applicant has a ten year lease agreement with the Pueblo Board of Water Works <br />PBWW") dated November 24, 2015 for 10 acre-feet/year of fully consumable replacement <br />water delivered to the Arkansas River in Section 8, Township 20 South, Range 67 West, Sixth <br />P.M., just upstream of the confluence with Red Creek. There are no intervening surface water <br />rights between the point of depletion on Red Creek described above and the point of <br />replacement on the Arkansas River. <br />Paragraph 12 of the lease agreement states that water delivered will be measured at the <br />outlet of the reservoir from which released or from the point of discharge of direct flow <br />transmountain water or reusable return flow and that the lessee will bear all transportation <br />and evaporation losses from the place of release or discharge; therefore, if the PBWW <br />releases replacement water from an upstream source, the Applicant must account for <br />transit losses as required by the Division Engineer or Water Commissioner. A copy of the <br />lease was provided with the SWSP request and is attached. <br />CONDITIONS OF APPROVAL <br />This SWSP is hereby approved pursuant to 937-92-308(4), C.R.S., and the following conditions: <br />1 This SWSP shall be valid for the period of March 1, 2020 through February 28, 2021, <br />unless otherwise revoked or superseded by decree. The initial date of approval for <br />this SWSP was February 22, 2016 for operation beginning March 1, 2016. Pursuant to 9 <br />37-92-308(4)(b), C.R.S., "if an applicant requests renewal of a plan that would extend <br />the plan past five years from the initial date of approval, the applicant shall <br />demonstrate to the water judge in the applicable water division that the delay in <br />obtaining a decree has been justifiable and that not being able to continue operating <br />under a substitute water supply plan until a decree is entered will cause undue <br />hardship to the applicant." This SWSP will not be approved for the 2021 - 2022 <br />period unless we receive evidence from the court that the applicant has met this <br />requirement. Additional SWSPs are required until a court decreed plan for <br />augmentation is obtained for the proposed uses. Should an additional SWSP be <br />requested, the provisions of 9 37-92-308(4), C.R.S., shall apply. The statutory fee of <br />300 will be required pursuant to 9 37-92-308(8), C.R.S. Any request for an additional <br />SWSP must be submitted to this office no later than December 1, 2020. <br />2. Total diversions from the Clevenger Red Creek System and the potential 2 wells <br />pursuant to this SWSP shall not exceed 10 acre-feet, less conveyance losses, and shall