Laserfiche WebLink
<br />ea cw ss <br />Peabody Coal Co. <br />Page 6 <br />5. Change of tPa ter Rights: <br />A. Applicant's right l0 0.83g of the water delivered <br />from the Nigh Line Canal under the subject 27. sha res <br />shall be changed from direct flow Eor irr ig atio n, to <br />direct flow and storage for irrigation, ind us[rial, <br />mitigation and augments Cion purposes. Applicant's <br />use of water from the High Line Canal under this <br />Ruling shall only be mado when the High Line Canal is <br />otherwise diverting for the benefit of its share- <br />holders. <br />0. The sites of Applicant's new uses, the Nucla and <br />Nucla East Pli ne s, are within the historical se rv ice <br />area of the High Line Canal. The refo re, no change of <br />.~ place of use or change of point of diversion is <br />zeguir_d. <br />C. Twenty-eight percent (26C) of the water diverted into <br />the High .Line Canal has historically been lost to <br />ditch losses, as determined by the Color. ado Co- <br />operative Company. Such iosses will continue; as <br />Applicant's use of water from the High Line Canal <br />1 will be limited to the normal per.-share delivery from <br />the canal, thereby proven tinq -injury to other share- <br />. holders dUe to increased ditch losses. These losses <br />will not be charged against Applicant's historical <br />consumptive use. <br />D. Applicant will continue to pay all assessments and <br />charges of the Colorado Co-operative Company that. <br />result from its continued ownership of the subject 27 <br />shares of stock. <br />E. Applicant will only use water under this Ruling up to <br />an average consumptive use of 97.8 acre feet per <br />year. The portion of the water. dive r. ted which <br />historically returned to the stream as irrigation <br />return flow will be physically released to the sur- <br />face system in accordance with the Plan for <br />Augmentation set forth in paragraph 6 of this Ruling. <br />These historical return flow amounts shall not be <br />used by Applicant, nor shall they be divertad from <br />the High Gine Canal for use by other shareholders. <br />The location and timing of return flow releases shall <br />be in accordance with the plan of augmentation <br />described in paragraph. 6 of this Ruling or as agreed <br />after consultation with the Division Engineer and the <br />• <br />xl:wsEDMARCH zoos Attachment 2.05.3(3)-16-27 <br />