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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 12 <br />28. Replacement water. Applicants own or has the right to use the following water rights <br />which will be used for replacement purposes. <br />A. Hamp-Bell Ditch rights, as addressed above. <br />B. Water attributable to Twin Lakes Reservoir and Canal Company shares. <br />Applicants own 60 shares of stock in Twin Lakes Reservoir and Canal Company. The fully <br />consumable yield of such shares varies from year to year. For purposes of estimating the <br />ability of the Twin Lakes shares to replace depletions under this plan for augmentation, <br />such shares are considered to have a firm year yield of 0.78 acre foot per share and an <br />average year yield of 0.93 acre foot per shares. They therefore can be expected to yield <br />11 <br />at.least 46.8 acre feet annually, though average yields will be somewhat higher. Applicants <br />shall be assessed a transit loss as determined by the Division Engineer from the point of <br />release to the place of use. <br />C. Water leased from Pueblo Board of Water Works. Applicants have a lease <br />of 106 acre feet annually of fully consumable water from the Pueblo Board of Water Works. <br />This water is stored in Pueblo, Turquoise, Twin Lakes and Clear Creek Reservoirs. <br />Applicants shall be assessed a transit loss as determined by the Division Engineer from the <br />point of release to the place of use. To the extent Applicants' gravel mining and batch plant <br />operations, as described in the application, are located outside of Southeastern's District <br />boundaries, Applicants have no right to use Frying pan-Arkansas Project water or return <br />flows therefrom, either directly, for augmentation purposes, or otherwise. Applicants did <br />V not obtain such rights pursuant to its lease with the Board of Water Works of Pueblo. <br />15003 h/transit mix/decree 02-22-09