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Dowe Flats Exchange Letter <br />May 28, 2009 <br />Page 2 <br />Your proposed operating plan is generally acceptable; however it does require at least one <br />modification. It is not un-common to have direct flow water rights diverting and calling for water on St. <br />Vrain Creek during the April 1 through June 15 period. Section 37-80-120(1) C.R.S. does not allow out- <br />of-priority storage against direct flow calls, thus during this period your plan will need the ability to <br />operate as you have proposed for the June 15 through October 31 period by providing a substitute <br />supply for a real time exchange to allow retention and use of any captured precipitation. Of course an <br />alternative would always be a real time removal of any captured precipitation to St. Wain Creek or its <br />tributaries without use. <br />Please contact me if you have any questions. <br />Sincerely, <br />? <br />David L. Nettles, P.E. <br />Assistant Division Engineer <br />DLN:d In\Dowe_Flats_Exchange_LtrA. doc <br />Cc: Shera Sumerford, Water Commissioner (e-mail only)