Laserfiche WebLink
• - ~- ~ <br />r• <br />tc~ r::,l:,c~~ depletions caused h;' nu: ing Srom the w.~]L. <br />Tn._..._il; in urc__ '_o ~ccuu:rt .or ... c:nportation lc,ss and <br />hiscucic co::~un}r _v~~ us~~, the relc•;:r•e of one: acre-foot of <br />water from the mast Bcc}n:ith ^:G. 1 ~:c•servoir shall he <br />des^v^d to r~~plac~.~: fift,-four one hru~dredths (0.54) of. an <br />aces foot _ ~~;' irc;m th:: wc'1L:, sn that tt,e Division <br />}:n:~ir~,e~ ..ail c.•.r'_tipl~. the amount of water pumped from the <br />r:~cllrc t_irr;~.=_ 1.~;_ hr•rc•inafter refcrr~d to as " <br />( the transpo:ta- <br />lion loss and historic consumptive use factor") to determine <br />the ..mount of water to be released from the reservoir. The <br />St~tc Engineer shall ,adjust the transportation loss and <br />historic use factor if he deems it nccessar}• to prevent <br />_ injury to the owners of or persons entitled to use •aater under <br />• vested water rights or decreed conditional water rights. All <br />parties shall have the right to challenge the transportation <br />loss and historic use factor and ~~11 other calculations ;aade <br />in arriving at the amount of water necessary to replace <br />depletions from the wells (including calculations of actu,:l <br />depletions caused by pumping from the wells), as well as the <br />method of administration of the plat. by the State Engineer, <br />in furt}rer proceedings before tYris Court. <br />The place of use so much of the water rights decreed <br />to the East Bec};~.~ith No. 1 Reservoir as may be used in the <br />Plan for Augmentation set fortl: .above. .is changed to Srx~tion 7.4, <br />Township 13 South, Range 93 i•7est of the Sixth P.Id., Delta <br />• County, Colorado and the type of use is change3 to industrial, <br />domestic and irrigation. <br />The Plan for Augmentation set forth above sha]]. be <br />subject to reconsideration b}• this Court on the question <br />of injury to the vested riy}rts of others for a period of three <br />(3) }cars, after which time thy: Court sha]1 determine ~•:h:~t:her tl~u <br />question of non-occurrence: of injur•: has been conclusively <br />estali.li shed or crhnt_hcr th:~ }~ n: i „d :,hall hr' e:;tended. <br />4- <br />