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CM0001330 <br />Findings of Fact, Conclusions of Law, Judgment and Decree <br />Case Nos. 92CW233 and 92CW336 - Page 56 <br />6.2.1 East Fork of the Eagle River Stream Depletion Limitations. The Chalk <br />Mountain Interceptor Canal shall be operated in a manner that prevents depletions by Applicant <br />to the Eagle River basin at times when the water rights for Robinson Reservoir and/or Chalk <br />Mountain Reservoir are out-of-priority. Total, cumulative depletions of water from the Eagle <br />River drainage basin under Applicant's Eagle River water rights shall not exceed 243 acre feet <br />per year over a five-year running average. The maximum depletion in any single year shall be <br />limited to the volume of water physically and legally available for storage in Robinson Reservoir <br />and Chalk Mountain Reservoir from sources tributary to the East Fork of the Eagle River, which <br />amount shall not exceed 398 acre feet. This water may be fully consumed by use, reuse, and <br />successive use, and may thereby be treated as a credit against otherwise out-of-priority <br />0 depletions. <br />6.2.2 Method to Determine Future Eaale River Depletions. <br />a. Deliveries by the Chalk Mountain Interceptor Ditch of water from <br />the Tenmile Creek basin to either the Eagle River or Eagle Park Reservoir physically constitute a <br />stream accretion to the Eagle River basin and a stream depletion to the Tenmile Creek basin. <br />Nevertheless, such accretions/depletions are fully offset and balanced at all times by the natural <br />inflow of Eagle River basin water into Robinson and Chalk Mountain Reservoirs, which water is <br />pumped from those reservoirs into the Tenmile Creek basin. Therefore, so long as all water <br />entering Robinson and Chalk Mountain Reservoirs is retained in those facilities and subsequently <br />pumped to the Tenmile Creek basin, the delivery of Tenmile Creek water by the Chalk Mountain <br />Interceptor Ditch to the Eagle River or Eagle Park Reservoir shall not constitute a net accretion to <br />the Eagle River basin, nor shall it constitute a net depletion to the Tenmile Creek basin. <br />r <br />56642.WPD:5 <br />