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2010-10-07_REVISION - M1977425
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2010-10-07_REVISION - M1977425
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Last modified
6/16/2021 5:18:42 PM
Creation date
10/8/2010 11:16:45 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M1977425
IBM Index Class Name
REVISION
Doc Date
10/7/2010
Doc Name
Response
From
OSE
To
DRMS
Type & Sequence
AR1
Email Name
ECS
Media Type
D
Archive
No
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V.7-LV-IV ,VJ VJrIYIr <br />23. This plan for augmentation meets all of the <br />and no <br />requirements of C.R.S. §37-92-103(a), 302(l) and material injury to vested water rights or decreed conditional <br />water rights willEu1occur S fi11edo long as the terms and conditions of <br />this decree a <br />24. To assist in the proper administration of this plan, <br />Applicant or its successor in interest, shall provide detailed, <br />written accounting for all at basis used <br />more <br />the subject property under this plan on a monthly <br />frequently if required by the Division Engineer orthithe Division <br />representatives. These records shall be prov <br />if <br />Engineer or his representat?oethisncase?upon regvestqueAtla/ <br />required, and to any party <br />minimum, these accounting records shall reflect the following <br />Information: Boxelder Ditch water deliveries to the ponds sion and <br />any replacement releases of Windy Gap water. The Divi <br />Engineer or his representatives may reasonably require measuring <br />devices which shall be installed to his satisfaction. The <br />specific format of these accounting records may be reasonably <br />modified by the Division Engineer or his representatives to <br />assist in the proper administration of this plan. In the <br />administration of this plan, the Division Engineer or his as <br />representatives shall require such releases of Windy Gap water <br />are necessary to offset all evaporation losses from and <br />precipitation gains to all ponds, which occur at times when there <br />is a call by any senior water right. Prior to January 31 ofieach <br />year, at their request Applicant shall provide a summary <br />water operations for the preceding calendar year to all parties <br />in this case, and to the Division Engineer. The Division <br />Engineer may pool replacement releases if such should result in <br />more efficient use of the water. <br />2$. Applicant may substitute other water for its Windy Gap <br />water provided tconsumptive <br />water is sufficient ient by by <br />continue to properly operate. <br />26. Pursuant to the provisions contained in C.R.S. §37-92- <br />302(6), this Court will retain continuing jurisdiction of this <br />case indefinitely. Such continuing jurisdiction is deemed <br />necessary for the purposes of addressing the lien provisions of <br />this decree, should that be necessary, as well as to impose <br />appropriate terms, conditions and other requirements, or to <br />approve water in substitution therefor, as may be necessary in <br />the event the Windy cap water is no longer available to <br />Applicant. Any person may request a hearing of this Cot tsfor <br />the purpose of modifying this decree because of injury <br />persons water rights. Any such request shall be made by means <br />12
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