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2010-08-05_HYDROLOGY - M1980135
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2010-08-05_HYDROLOGY - M1980135
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Last modified
8/24/2016 4:17:32 PM
Creation date
4/5/2011 11:27:47 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1980135
IBM Index Class Name
HYDROLOGY
Doc Date
8/5/2010
Doc Name
Augmentation Plan
From
District Court
To
Pinneo Feedlot, LLC
Permit Index Doc Type
Hydrology Report
Email Name
MAC
Media Type
D
Archive
No
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any month, Pinneo shall be entitled to use supplies of augmentation water of limited <br />duration, and additional and alternative sources for replacement in this augmentation plan <br />if such sources are decreed or lawfully available for such use, or are part of a substitute <br />water supply plan approved by the State Engineer pursuant to C.R.S. § 37-92-308, or an <br />interruptible supply agreement approved under C.R.S. § 37-92-309. This paragraph sets <br />forth the procedure under which these sources may be used in this plan. These <br />procedures are adequate to prevent injury to other water rights that might otherwise result <br />from the addition of these sources to this plan. <br />A. Additional Water Rights Separately Decreed or Lawfully available for Augmentation <br />Use: If a water right is decreed or lawfully available for augmentation use and not <br />already approved for such use under this decree, Pinneo shall give at least 30 days <br />advance written Notice of Use of Water Right for Augmentation to the Court, the <br />Division Engineer, and all parties to this action, which shall describe: 1) the water <br />right by name and decree, if any; 2) the annual and monthly amount of water <br />available to Pinneo from the water right; 3) the location or locations at which the <br />water will be delivered to the stream; 4) evidence that the claimed amount of water <br />will not be used by another person; and 5) the manner in which Pinneo will account <br />for use of the augmentation credits. No water right may be used unless the Division <br />Engineer approves of its use. <br />B. Additional Water Rights - Temporary Administrative Approval: If a water right is <br />not decreed or otherwise lawfully available for augmentation use, and Colorado <br />statutes or other governing authority provide a mechanism for using such water right <br />without the need of a decree or well permit, Pinneo shall provide written notice to all <br />parties to this action of its request for approval of the State Engineer pursuant to <br />C.R.S. §§ 37-92-308, -309, or other applicable statute. Such notice shall be in <br />addition to any notice required by the applicable statute. Pinneo may use such water <br />rights in this plan of augmentation upon the State Engineer's approval of the <br />underlying administrative application for the term of such approval, unless such <br />approval is reversed or modified on appeal. <br />1) The depletions caused by pre-January 1, 2003 diversions from the structures to be <br />augmented in this plan for augmentation and the Headley Recharge Project, that <br />are currently eligible for replacement under a substitute water supply plan <br />approved by the State Engineer pursuant to C.R.S. § 37-92-308(10), are shown on <br />Exhibit E. <br />30. Measurement and Reporting: <br />A. Accounting under this decree for the Booth Farm Recharge Ponds, Booth Farm Well <br />Right, Pinneo Feedlot Wells and Uhlenhopp Well and future exchanges shall include, <br />at a minimum, the following information: (1) the monthly meter readings for all <br />wells; (2) the volume of water pumped and corresponding depletions for each well, <br />which shall be calculated daily and reported monthly along with the resulting daily <br />augmentation obligation associated with said pumping; (3) the calling water right and <br />26 of 33
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