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Decree of the Water Court <br />Case No. 03CW8, Water Div. 2 <br />Transit Mix of Pueblo, Inc., et al. <br />Page 9 <br />the annual diversions for the previous irrigation season. By applying the factors presented in Table <br />3b, future return flow obligations will replicate the historical return flows during months when the <br />water rights are not diverted, based on the amount diverted the previous irrigation season, and <br />accretions to the Arkansas River during those months will be maintained. <br />21. At the present time, Applicants have no ability to store any of their consumptive use <br />credits. Thus, immediately downstream of Pueblo Reservoir, Applicants' consumptive use credits <br />and return flow obligations shall be calculated utilizing Applicants' calculated diversions and the <br />above factors from Tables 3a and 3b. Applicants shall be entitled to utilize their consumptive use <br />credits at that location pursuant to the plan for augmentation decreed herein. This decree does <br />not preclude Applicants from using such credits at other locations within Water Division 2, pursuant <br />to an approved substitute water supply plan, change of water rights or plan for augmentation, with <br />or without an exchange. <br />22. Dry-up of the land formerly irrigated, except for the land covered by the water-filled <br />ponds which are being augmented pursuant to part V of this decree, has been accomplished. In <br />order to assure that subirrigation will not negate any portion of this dry-up in the future, only <br />shallow-rooted plants whose root zone is not greater than four feet will be used for revegetation of <br />the formerly irrigated area. <br />IV. Change of Water Rights. <br />23. Applicants initially requested that the water rights be changed from their decreed <br />irrigation uses to domestic and commercial uses, as well as for augmentation and in exchanges. <br />Applicants have withdrawn their request to have the water decreed for domestic uses and in <br />exchanges. Applicants request that its Hamp-Bell Ditch rights be changed to commercial and <br />15003 h/transit mix/decree 02-22-09