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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 6 <br />Once Applicants have reached these limits, they shall not call for additional water during the <br />applicable period under the Hamp-Bell Ditch rights. For purposes of starting the calculation of <br />consecutive periods, it shall be assumed that diversions during the years prior to the start of <br />operations were average. These limits shall apply to all future uses of the Hamp-Bell Ditch rights. <br />16. In the future, Applicants will not physically divert the Hamp-Bell Ditch water rights <br />from the stream. The amount of water diverted will be calculated based upon the amount of water <br />physically and legally available in the stream at the original point of diversion. The amount of water <br />available will be based upon the date of the call (i.e., whether or not the Hamp-Bell appropriations <br />are in priority), and the measured streamflow into Pueblo Reservoir, subtracting appropriate <br />amounts for the senior water rights diverted from Pueblo Reservoir (such as the Bessemer Ditch <br />and West Pueblo Ditch). The calculated diversion will be no greater than the decreed amount for <br />each of the water rights, subject to the limitations indicated above, and the aggregate diversions <br />under all three water rights will be no greater than the amount of water available for diversion. <br />17. Applicants and the City of Aurora disagree regarding the amount of historic <br />consumptive use which occurred from irrigation of 67 acres of land using the Hamp-Bell Ditch <br />Rights. By way of compromise and settlement, Applicants and the City of Aurora have stipulated <br />that the average historical consumptive use was 154.5 acre feet annually. <br />18. The depletive effect on the Arkansas River due to the historical use of the Hamp-Bell <br />Ditch water rights is a function of not only the historical consumptive crop use, but also of the fact <br />that deep percolation from irrigation does not return to the river instantaneously. Taking both of <br />these factors into account, the Applicants performed a water budget analysis to determine the <br />historical depletion to the stream. <br />15003 h/transit mix/decree 02-22-09