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Commissioner's request, direct the Northern Colorado Water Conservancy District to deliver the <br />requisite units of C-BT water to the St. Vrain. <br />During the winter months when C-BT water is not available for delivery, Cemex shall <br />continue to provide the Water Commissioner with monthly data reports and accounting of the <br />water stored in the quarry pits. Surface water runoff collected and stored in the pits, used for <br />dust suppression, or lost to evaporation from the pits when C-BT water is not available for <br />immediate replacement shall be considered out-of-priority upstream storage under Cemex's <br />Dowe Flats Storage Right pursuant to § 37-80-120(1), C.R.S. (2008). Water so stored or used <br />shall be replaced by a release of C-BT water on or after June 15, should the Dowe Flats Storage <br />Right not come into priority during the spring runoff and downstream senior storage <br />appropriators are unable to store their entire appropriative right due to insufficient water supply <br />or when needed by a senior right holder for actual use. Such releases shall be made by the Water <br />Commissioner fiom C-BT units turned over to the Water Commissioner for this purpose by <br />Cemex on or before June 15 of each year. <br />Please do not hesitate to contact us to discuss this requested Exchange further, suggest <br />amendments to the proposal, or if we can answer any questions that you may have. <br />Sincerely, <br />Raymond . Petros, Jr. <br />Nicole L. Johnson