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<br />f <br />Lower Arkansas Water Management Association <br />Case No. 02CW 181 <br />Page 69 <br />There are no flow rate limitations on the release of "summer stored water," as defined in <br />Agreement "B", from the Sisson-Stubbs, Manvel, Lamar and Fort Bent Article II Storage <br />Accounts. <br />34. Use of Subject Water Rights in Replacement Plans Pursuant to the Arkansas River Use <br />Rules. The terms and conditions in this Decree shall apply to and govern the use of the <br />Subject Water Rights for the New Uses and shall apply to and govern the diversion and <br />storage of the subject Highland Canal and Keesee Ditch water rights at the New Point of <br />Storage in any replacement plan approved pursuant to the Arkansas River Use Rules. <br />35. Requests to Use the Subject Water Rights in Substitute Water Supply Plans Pursuant to <br />37-92-308 et. seq., C.R.S. In any request to use the Subject Water Rights in any <br />substitute water supply plan approved pursuant to §§ 37-92-308, et. seq., C.R.S., <br />LAWMA will request that such use be authorized in a manner that is consistent with the <br />terms and conditions in this Decree. <br />36. No Injury. The Court finds that, subject to the maintenance of the foregoing terms and <br />conditions, including those relating to historical return flows and the limitations on <br />diversion, the changes of water rights sought herein will not injuriously affect any other <br />owners of water rights including, without limitation, the Remaining Highland Canal <br />Users and will not violate the Compact. <br />37. Approval of Change of Water Rights. The change of water rights is in accordance with <br />law and should be granted subject to the terms of this Decree. <br />PLAN FOR AUGMENTATION <br />38. Statement of Plan for Augmentation. LAWMA has proposed a plan for augmentation. <br />The plan for augmentation provides for (1) accounting for all uses of water, (2) <br />accounting for return flows to the Arkansas River system, (3) replacement of all out of <br />priority stream depletions to senior surface water rights in Colorado and replacement of <br />all stream depletions to stateline flows caused by the wells and other structures requiring <br />augmentation that participate in this plan. As described below, the operation of this plan <br />will be done in accordance with the terms and conditions in this Decree, the Compact, the <br />1980 Operating Plan and the Offset Account Resolution. <br />39. Description of Structures to be Augmented. The structures specified in Exhibit Q to this <br />Decree shall be augmented pursuant to the terms of this Decree and are collectively <br />hereinafter referred to as the "LAWMA Structures." <br />1 <br />J