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09-20-10;03.05PM; ;970-498-5678 # 6/ 32 <br /> <br />However, because the pond areas have been determined at the land <br />surface and not at the level of the exposed water, and <br />considering the proposed 3:1 side slopes of the pond shores and <br />the fact that the water levels in the ponds will be three to five <br />feet below the top of the separating dikes, the ultimate exposed <br />water surface is expected to be less than 95.5 acres. Xt is <br />therefore, appropriate that the decree contains sufficient <br />provisions for proportional reduction of the augmentation <br />,requirements corresponding to the potentially smaller water <br />surface area of the completed project. <br />10. Consumptive use. The Consumptive use of the water to <br />be supplied will, qualitatively, be for replacement of water <br />depleted by the subject ponds at times of senior calls each year. <br />Quantitatively, it is not known at the present time when or to <br />what extent such senior calls will occur. The plan must provide <br />for availability of replacement water to cover the full water <br />deficits of the subject property each year, in the amounts shown <br />on Exhibit "F", attached hereto and incorporated herein by this <br />reference. The winter deficits, and the summer excesses, as <br />shown on Exhibit "F," however, are averages, and it is the intent <br />of this plan to also replace, to the extent necessary to prevent <br />injury, all deficits or depletions that may actually occur. <br />11. Date of appropriation of additional use. Pursuant to <br />statute, the date of appropriation of additional use must be <br />regarded as January 1, 1991. The particular statute (937-90- <br />137(11)) requires that plans concerning such additional uses have <br />been filed no later than July 1, 1990; Applicant here made a <br />timely filing, and this decree is the result of that statutorily <br />mandated application. <br />12. water to be used for augmentation. Since the County <br />has acquired the water historically used on the property at the <br />time it has acquired the property, the primary source of <br />replacement water will be water represented by the four Sox Elder <br />Ditch Company shares. <br />The ditch diverts water from the Cache la Poudre River under <br />one original and two enlargement rights, decreed in Case N°. 320, <br />in the District Court in and for Larimer County on April 11, 1882 <br />as followe: <br />Priority 13° A00=2riation Oats Amounts cfs <br />15 march 1, 1866 <br />23 May 25, 1867 <br />30 July 1, 1868 <br />32.50 <br />8.33 <br />11.90 <br />5 <br />