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<br />water attributable to the Water Rights on the South Platte, <br />River from the structures identified in paragraph 3 and the <br />Kiowa Storage Reservoirs, described in paragraph 5(c), to the <br />alternate points of diversion identified in paragraph 5(b). <br />The specific attributes of Applicant's right of substitution <br />arni exchange are as follows: <br />a. Downstream point of exchange reach: The <br />point of diversion of the Lupton Bottom Ditch, more <br />particularly described in paragraph 3B above, and <br />including the diversion structures listed in <br />paragraphs 3 and 5 of this Application. <br />b. Upstream point of exchange reach: The <br />location of the Intake Structure of Chatfield Dam, <br />more particularly described in paragraph 5(b)(i) <br />above, and including the diversion structures listed <br />in paragraphs 5(b)(ii), 5(bj(iii) and 5(c) above. <br />c. Additional Points: Applicant claims <br />exchange rights for such additional points of <br />diversion as may be necessary so long as those points <br />are with the reach of the South Platte River above <br />identified. <br />d. Maximum Rate of Exchange: 50 cfs <br />e. Appropriation Date: December 28, 1989, <br />which is the date Applicant retained Kiowa Resources, <br />Inc. as its agent for purposes of appropriation of <br />water rights and performed acts sufficient to give <br />notice of its intent to appropriate. <br />9. Comments• <br />a. Municipal return flows attributable to the <br />historically consumed portion of the Water Rights may <br />be used, reused and successively used following <br />initial use by Applicant. Applicant may divert such <br />reusable municipal return flows to storage and for <br />subsequent exchange pursuant to Applicant's right of <br />exchange. <br />b. Applicant's use and reuse of the water <br />attributable to the Water Rights will replicate the <br />monthly pattern of return flows to the South Platte <br />River associated with the historical irrigation uses <br />of the Water Rights. <br />-7- <br />