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<br />-~- <br /> <br />D. the seasonal streamflov pattern on trout, Poidel, Pish <br />and Middle Creeks is such that flws are rnnslstently <br />highest in May and June and occasionally are Aigh as <br />early as April or as late as July and 1luquat, the aver- <br />age first day of diversion by the ditches in the area is <br />sSd~7ane. Calls for eater fray the Yampa River to the <br />?rout Creel system have never occurred, though there <br />Rave been calls within the trout Cnek rystem, Ha ny of <br />these ells for eater have been from rights nor avnM by <br />Energy and have been responded to by cIosinq headgates <br />of other rights nw owned by Energy. Dnapprapriated <br />rater is available on trout Creek. <br />6. Operation of Plaa: <br />11. Energy roeuests aothority to convert the amunt of its <br />historic use under its di reef floe richts, rich histerie <br />consnaptive use 6eina in3i Bated on Elchibit C attached <br />dereto, to storaoc richts for later year-round use for <br />its eining, reclamation, irrigation, electrical genera- <br />tion, fish oropacation and all other purposes in accord- <br />ance with this plan. ;he places of storage are to be <br />aa~ or all of Energy Reserwirs Flo. 1, 2 or ~, the loea- <br />tions of which a:e set forth on Exhibit 7~. <br />8. as a oarticular sp r_'ace right is converted to storage <br />for later year-round use, a ever-+ensnrate aoovnt of <br />aenage historically ir-__igated by the aeoant of eater so <br />changed will be rmoved frm irrigation. <br />C. In addition to conxrsion of historic nse of ifs flee: <br />righu, Energy reonests Lhat the place of storage of its <br />Other reservoir rights, i_e., Plaattea Reservoir and <br />Energy Reservoir ao, 3, be ohanged to gay or all of <br />Laergy Reservoirs no_ 1, 2 or 4, <br />D. mezgy does not aatieinate m-eivi.ng a mll oa its snz- <br />laee or rtMargzn~d richts free senior masers, nor does. <br />it anticipate aw injury to gay vested 2uaior voter <br />rights, because it iateads to Limit its conversion gad <br />other changes of valet rights to its historic consnsrr <br />flue me, and because safficieat eater appears to ezist <br />In the affected stzeaa rystens to provide adequately for <br />all cozzent absolntc and rnadi tional ester rights. in <br />_ the ~li;cely event that a call occ~•s w ore or mre of <br />Energy's sa_rface or node rgrvm~d righ ts, or a vested <br />eater right is injured, Energy rill respond to sn~ call <br />or cospensate for such iajazy by zrleasiag rater past <br />Sts dams back into cbe rystea, will al low valet to pass <br />one. of Su senior ditch head®tes, or vi21 peap rater <br />Sntb the rystm from one or mre of its partially non- <br />tribatary cells, as indicstld,~ bdtibit A attached <br />bareto. <br />L. Lnexgy requests that the tributary portions of Energy <br />troll Po. 3-2 and Energp NcIIRO. 7 bedecteed to be <br />alternate points of diversion for the :various dite6 <br />- rights a,ned by Energy. <br />i. Lnexgy's rt-~*~hle for actual ooaveaion af,its historic <br />ooneasptive use into~stnrage rights pnrsvant to'this <br />plan is eprrentlp nnknorn.., Rovever, it is ~aMieipated~~ <br />that the fcllorimf phases will be involved i.n the eon- <br />. :. .. ..~:: -_. ... . - - <br />version process. ~' - <br />1. Grenting of~dccree^ in 'eases.*=1156 and R-?261; :,.~. . <br />.. • :, eazreatly pe~n~ before thiY lfater.=..onrti>:; ~ ~->, :<: <br />-. -i: ~• ~t~s ~.i_~.Y~T )w,'~l.Yv'{il~aCp~`L..•~l lr '„+~•~~~~v <br />I <br />C <br />~,k~ <br />