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City of Golden <br />~3cw3bt <br />. b. Subject to the Historic Limitations, the right to <br />store the Agricultural Water Rights in the Golden Reservoirs and <br />use such stored water for the purposes set forth in paragraph <br />6.a. above; provided, however, that the storage of Golden's <br />Church Ditch water rights shall be subject to the following <br />additional limitations: <br />(t) the water available under such water rights <br />shall be diverted through the Church Ditch and discharged back to <br />Clear Creek before being stored by exchange, and this criange of <br />Golden's interest in the Church Ditch shall not affect the right <br />of the ditch to divert; <br />(2) the existence of a live stream (as defined in <br />paragraph 6.a.(2) above) between the original diversion points of <br />the Agricultural Water Rights and the Golden Reservoirs. <br />Subject to the foregoing conditions and limitations, the <br />Court finds that the requested changes will not cause injury to <br />any vested water rights or decreed conditional rights. <br />7. Plan for Augmentation. By this application, Golden <br />seeks the right to divert or store water out-of-priority from the <br />Augmented Water Rights for use in connection with Golden's <br />municipal water system. To permit such otherwise out-of-priority <br />diversions and storage, Golden proposes to make replacement of <br />resulting depletions in the following manner: <br />a. By committing to the Clear Creek/South Platte River <br />system the use of the Henderson Mine, Berthoud Pass Ditch and <br />Vidler Tunnel Water more particularly described in paragraph <br />S.a., 5.b. and 5.c. above. Golden had sought the right to make <br />replacements by taking credit for return flows resulting from <br />use, reuse and successive use of such nontributary or foreign <br />water, but such return flow credit is hereby limited for the <br />reasons set forth in the Supplemental Findings and Decree entered <br />Concurrently herewith (the "Supplemental Findings and Decree"), <br />to such quantities as are available by application of the terms <br />set forth in paragraph 9 below. <br />b. Subject to the Historic Limitations, by foregoing <br />diversions of and committing to the Clear Creek/South Platte <br />River system the Agricultural Water Rights. <br />c. By the release of water from the Golden Reser- <br />voirs. Such releases shall be subject to such stream carriage <br />Charges as may reasonably be imposed by the Division Engineer for <br />Water Division No. t; provided, however, that Golden shall <br />similarly be granted a carriage credit for any Agricultural Water <br />Rights transferred up to and stored in the Golden Reservoirs <br />pursuant to paragraph 6.b. above. <br />- 9- <br />