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9. Terms and Conditions to Prevent Injury: In order to prevent expansion of use <br /> and injury to other water rights, the Applicants' use of the Subject Water Rights as <br /> changed herein shall be governed by the following terms and conditions: <br /> 9.A. Seasonal Diversion Limitations: Diversions of water under the Subject <br /> Water Rights shall be limited to Aprill through November 1 and to times when the <br /> Canon Irrigating Ditch water right is in priority. The Subject Water Rights will <br /> continue to be diverted at the river headgate of the Canon Irrigating Ditch and will <br /> then be delivered through the ditch to the recharge pond described in paragraph <br /> 12.A., below ("Recharge Pond"). All deliveries to the Recharge Pond will be <br /> measured by use of a measuring device that is acceptable the Division Engineer. <br /> 9.B. Monthly Maximum Volumetric Limitations: Deliveries of water under the <br /> Subject Water Rights to the Recharge Pond shall be limited to the following monthly <br /> acre-foot maximums: <br /> April May June July Aug_ust ! September October <br /> 10 22 21 17 15 8 8 <br /> 9.C. Annual Maximum Volumetric Limitation: Creditable deliveries of water <br /> under the Subject Water Rights to the Recharge Pond shall not exceed a maximum <br /> of 66.6 acre-feet in any season (April 1 through November 1). <br /> 9.D. Ten-Year Cumulative Volumetric Limitation: Deliveries of water under the <br /> Subject Water Rights to the Recharge Pond shall not exceed a cumulative amount <br /> of 430 acre-feet in any consecutive 10-year period. The maximum volume of <br /> creditable delivery allowed to the Recharge Pond in any individual year shall be <br /> calculated as 430 acre-feet less the sum of deliveries during the previous nine years. <br /> For purposes of starting the calculation of the 10-year cumulative delivery limit, for <br /> the 9 years prior to the first year in which the Subject Water Rights are used <br /> pursuant to this Decree, Applicants shall assume that the deliveries to the Recharge <br /> Pond were equal to 40.4 acre-feet per year. <br /> 9.E. Replacement of Historical Return Flows: 50% of water delivered under the <br /> Subject Water Rights to the Recharge Pond shall be relinquished to the stream to <br /> replace return flows associated with historical use of the Subject Water Rights. <br /> Accordingly, and subject to the requirements in Paragraph 12.C.1 below to account <br /> for the first 0.38 acre-feet of water diverted into the Recharge Pond as payment for <br /> evaporation, only 50% of water delivered under the Subject Water Rights to the <br /> Recharge Pond may be used for augmentation and replacement within the plan for <br /> augmentation decreed herein. <br /> PLAN FOR AUGMENTATION <br /> 10. Description of Well to be Augmented: <br /> ., Summit Engineering Job Num er: 240328CE 32 <br /> 719-589-6147 <br /> Alamosa, CO <br />