2011-04-29_HYDROLOGY - M1977573 - Laserfiche WebLink

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Decree of the Water Court Case No. 03CW8, Water Div. 2 Transit Mix of Pueblo, Inc., et al. Page 13 D. Pursuant to this decree, Applicants must replace historical delayed return flows during the winter months of each year. To cover such replacements, Applicants shall have in storage at the beginning of October of each year, in Pueblo Reservoir or other reservoirs upstream of Pueblo Reservoir, sufficient water for such purposes. 29. To the extent practicable, Applicants shall replace depletions on a daily basis just downstream of Pueblo Dam. During the first five days of each month, Applicants shall balance depletions and replacements for the previous month. Applicants have developed and shall utilize a spread-sheet type of accounting form to determine allowable diversions based on the criteria referenced in paragraph 16 above, consumptive use credits and replacements of depletions from the Chain of Lakes. 30. On average, annual consumptive use credits from the Hamp-Bell Ditch rights will exceed the Chain of Lakes annual augmentation requirements by 10.0 acre feet. Nothing herein is intended to preclude Applicants from using such excess consumptive use credits within Water Division 2 for their decreed uses, or for other uses at other locations pursuant to a substitute water supply plan approved by the State Engineer or a court-approved change of water rights and/or plan for augmentation. Applicants have a contract with the Pueblo Board of Water Works wherein Applicants will convey this plan for augmentation and the Hamp-Bell Ditch rights to the Board of Water Works after the conclusion of this case. As part of that contract, Pueblo Board of Water Works may seek to store the Hamp-Bell Ditch consumptive use credits in Pueblo Reservoir to the extent that they are in excess of the contemporaneous needs of the plan for augmentation. Any such storage will require a decree obtained in a separate proceeding. 15003 h/transit mix/decree 02-22-09