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Michelle Matthews <br />September 29, 2003 <br />Page <br />plan; and, notwithstanding approval of this plan, should the plan prove insufficient, each <br />well user covered by the plan shall be responsible for replacement of out-of -priority <br />depletions to senior surface water rights in Colorado to the extent required by Rule 11 of <br />the Rules, and depletions to usable stateline flows caused by post-compact ground <br />water diversions. <br />5. The reusable return flows from Cherokee Metro District proposed to be used on the <br />Arkansas River are temporarily approved pending a more detailed analysis of transit <br />losses including a scheme to accommodate times when the senior call is on Fountain <br />Creek. <br />6. The state and division engineers shall determine depletions to usable stateline flow <br />caused by post-compact ground water diversions for irrigation use pursuant to Rule 3.4 <br />of the Rules. To the extent that replacement of out-of-priority depletions to senior <br />surface water rights in Colorado and deliveries of water to the stateline pursuant to the <br />plan are not sufficient to replace all depletions to usable stateline flow caused by post- <br />compactground water diversions for irrigation use, the state and division engineers will <br />allocate all unreplaced depletions to usable stateline flow caused by post-compact <br />ground water diversions for irrigation use to well users in this plan to replace additional <br />depletions to usable stateline flow. MAGUA agrees to provide any additional <br />replacement water necessary to replace depletions to usable stateline flow caused by <br />post-compact ground water diversions for irrigation by its members as determined by the <br />state and division engineers in accordance with Rule 3.4 of the Rules. <br />7. MAGUA agrees to replace out-of-priority depletions to senior surface water rights in <br />Colorado and depletions to usable stateline flows occurring after the expiration date of <br />the plan (March 31, 2004) which are caused by diversions of ground water during the life <br />of the plan. To guarantee that sufficient augmentation water will be provided to replace <br />such depletions, a current financial warranty from MAGUA is to be provided to and held <br />by the State of Colorado sufficient to allow for the purchase 125.7 acre-feet of <br />replacement water. Therefore a fetter of credit or some other acceptable form of <br />security, in the total amount of $1,508.40 (125.7 acre-feet times $12 per acre-foot) must <br />be provided to Don West at this office by 5:00 PM, October 15, 2003. <br />8. MAGUA will provide data to the division engineer's office, or other entity designated by <br />_ _ _ _ the state engineer, in a standard format des~nated bYthe state or division enginee Viand <br />at such times as are necessary to ensure timely computations to determine compliance <br />of the MAGUA member wells. Accounting must include all information requested, <br />including but not limited to pumping by member wells, and deliveries of replacement <br />water. Specifically, both owner/user supplied pumping data and replacement operations <br />data for the previous month must be provided to the division engineer by no later than <br />the 10th of each month. Reports of pumping by individual wells that are not in <br />compliance with the provisions of the approved plan, must be submitted as they are <br />detected. <br />9. MAGUA must monitor its member welts so as to be able to verify their compliance with <br />the plan. Should any well user be out of compliance with the plan, MAGUA must notify <br />the state and division engineers of that fact as provided for in Rule 10 of the Rules. In <br />particular, MAGUA will monitor the overall performance of this replacement plan by <br />comparing the amount of replacement water purchased to cover the depletions caused <br />