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11 <br />Ms. Dana Miller Page 2 <br />May 22, 2008 <br />REPLACEMENT <br />ACA has leased a total of 100 ac-ft from Pueblo Board of Water Works. This amount of <br />water is also intended to replace transit losses and seepage from the pond. This water is <br />stored in Turquoise, Twin Lakes, Clear Creek, and Pueblo Reservoirs. Pueblo will deliver the <br />type of water legally appropriate for the intended use and will attempt to deliver water from the <br />point nearest the intended use to minimize transit loss. <br />The City of Aurora diverts water into a pipeline approximately 1 mile upstream from the <br />Templeton Ditch; which is then transported to Twin Lakes. Additionally, the Colorado Water <br />Conservation Board has a 7 cfs instream water right from the pipeline down Halfmoon Creek to <br />the creek's confluence with the Arkansas River. ACA must not impact these water rights. <br />CONDITIONS OF APPROVAL <br />This plan is hereby approved pursuant to the following conditions: <br />1. This SWSP shall be valid through March 31, 2009. Should an additional SWSP be <br />requested, the provisions of CRS 37-92-308(5) shall apply. The statutory fee of $300 <br />will be required pursuant to CRS 37-92-308(8). <br />2. The applicant must provide written approval from the owners of the Templeton Ditch <br />allowing the Ditch to be used as a carrier for this purpose prior to the operation of this <br />plan. <br />3. The applicant must provide a copy of the lease with Pueblo Board of Water Works by <br />May 15, 2008. <br />4. The applicant must not divert water when the flows in Halfmoon Creek are 7 cfs or less. <br />Additionally, diversions shall not operate to lower flows in the Upper Arkansas River <br />below those levels established by the Voluntary Flow Management Program, which <br />protects the Arkansas River's fishery and supports the River's boating, recreation, and <br />tourism industry. <br />5. Approval of this SWSP is for the purposes stated herein. The State Engineer's Office <br />must first approve any additional uses for which the water may be used. The <br />replacement water, which is the subject of this SWSP, cannot be sold or leased to any <br />other entity during the term of this SWSP without prior approval of the Division <br />Engineer. <br />6. The Applicant shall provide daily accounting (including, but not limited to diversions, <br />depletions, replacement sources, and river calls) on a monthly basis. The accounting <br />must be emailed to the Water Commissioner, Gerald Hanks, hanks222@msn.com, and <br />the Division 2 office, Div2Ground.Water@state.co.us, within 10 days of the end of the <br />month for which the accounting applies. Accounting and reporting procedures are <br />subject to approval and modification by the Division Engineer. Accounting forms need <br />to identify the WDID number for the reservoir operating under this SWSP. <br />7. The name, address, and phone number of the contact person who will be responsible <br />for the operation and accounting of this SWSP must be provided with the accounting <br />forms to the Division Engineer and Water Commissioner.