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flows. Prior decrees approving changes of use of Jackson Lake Rights have <br />varied somewhat in the percentages of such released water found to have <br />been consumed. Pinneo calculated historical consumptive use credits based <br />upon several of these decrees and the irrigation efficiencies generally <br />associated with flood irrigation practices under the ditch systems in question. <br />Pinneo's receipt of consumptive use credit equal to 39.74% of water directly <br />released from Jackson Lake and left in the South Platte River that is <br />calculated, as described in Paragraphs 28(B)(2) and 33(B)(5), to reach the <br />midpoint of depletions, described in Paragraph 9(A)(5)(b) (i.e., after <br />deduction of transit losses from the point of release to such midpoint of <br />depletions), will not expand the use of the Jackson Lake Rights or otherwise <br />materially injure the vested rights of other appropriators and is reasonable. <br />The remaining 60.26% of water calculated to reach the midpoint of <br />depletions will constitute a return flow obligation for Pinneo's use of water <br />under the Jackson Lake Rights for augmentation and replacement purposes, <br />as further described in Paragraph 28(B). <br />d) When Pinneo instead delivers water under the Jackson Lake Rights to <br />recharge at the Booth Farm Recharge Ponds (described in Paragraph <br />10(A)(2)(e) ), Pinneo's receipt of consumptive use credit for 60% of the <br />water measured as delivered to the Booth Farm Recharge Ponds, as <br />hereinafter described, will similarly not expand the use of the Jackson Lake <br />Rights or otherwise materially injure the vested rights of other appropriators. <br />The remaining 40% of such water delivered thereto will constitute Pinneo's <br />return flow obligation for its use of water for augmentation and replacement <br />purposes, as further described in Paragraph 28(B). <br />e) Booth Farm Recharge Ponds: During 2008 and 2009, with the permission of <br />the Water Commissioner for Water District 1 and 64 and in accordance with <br />substitute water supply plans approved by the State Engineer pursuant to <br />C.R.S. § 37-92-308(4), Pinneo delivered a total of 94 acre-feet of water <br />attributable to its Jackson Lake Rights to recharge in a recharge structure <br />known as the Booth Farm Recharge Ponds. <br />(1) The Booth Farm Recharge Ponds (currently a single pond) will have a <br />maximum surface area of 4 acres and the approximate location of the <br />measuring device for deliveries into such ponds is in the NW 1/4 <br />NW 1/4 of Section 35, Township 4 North, Range 56 West of the 6th <br />P.M., Morgan County, Colorado, at a point 720 feet south of the North <br />Section line and 280 feet east from the West Section line of said <br />Section 35; the UTM Coordinates are NAD83, Zone 13N, in meters: <br />X=617260m Y=4459117. See Exhibit C, attached hereto. The <br />mapped stream depletion factor ("SDF") for the Booth Farm Recharge <br />Ponds is 270 days. The midpoint of accretions from the Booth Farm <br />Recharge Ponds reaches the South Platte River at a location in the <br />NW1/4 SW1/4 of Section 22, Township 4 North, Range 56 West, 6t' <br />14 of 33