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Mr. Jared Dains, E.I. Page 4 of 8 <br />June 22, 2011 <br />and conditions decreed in case no. 1996CW658, including monthly and annual volumetric limits on <br />water deliveries and monthly return flow requirements. The decree in case no. 1996CW658 found <br />that 519.7 shares were used to irrigate 3,501 acres with an average historical consumptive use of <br />5,358 acre -feet per year, which yields an average consumptive use credit of 10.31 acre -feet per <br />share (5,358 acre- feet/519.7 shares). <br />Based on the above, the 2.0 shares to be used in this plan results in a consumptive use <br />credit of approximately 20.62 acre -feet per year (10.31 acre -feet per share x 2.0 shares). One -half <br />(0.5) share was used for irrigation on the Barrett property, one -half (0.5) share was used for <br />irrigation on the Duran property, and one -half share was used for irrigation on Farm W -38, for <br />which perpetual dry-up covenants have been obtained. The other one -half (0.5) share will be <br />used as a "floating share" as described in case no. 1996CW658. In accordance with paragraph <br />19 of case no. 1996CW658, the lands historically irrigated by the "floating shares" are reported <br />to have already been dried up and are no longer irrigated. <br />In paragraph 6.7.4 of the decree in case no. 1996CW658, future farm headgate deliveries <br />of the 67.75 shares were limited to 1,712 acre -feet per year (25.26 acre -feet per share) and 12,631 <br />acre -feet (186.43 acre -feet per share) in any consecutive 10 year period. Deliveries of the 2.0 <br />shares of GIC water under this plan must comply with these limits. The historical return flows shall <br />be maintained in accordance with the return flow factors identified in case no. 1996CW658. The <br />return flows associated with the delivery of Fossil Creek Reservoir water that is attributable to the <br />2.0 GIC shares shall also be maintained in accordance with the surface and subsurface factors <br />decreed in case nos. 1996CW658. Pursuant to paragraph 6.7.6 of case no. 1996CW658, the <br />subsurface component of the return flow obligation will be calculated based on the 5 year running <br />average annual farm headgate deliveries of GIC direct flow water and Fossil Creek Reservoir <br />water. The average annual deliveries for the last 5 years are shown in the table below: <br />As specified in case no. 96CW658, all deliveries of GIC water incur a return flow <br />obligation to the stream system made up of a surface and subsurface component. The surface <br />component of the of the return flow obligation of GIC direct flow water will be calculated by <br />multiplying deliveries by 0.237 (23.7 %). The surface component of the return flow obligation <br />associated with the Applicant's use of Fossil Creek Reservoir water will be calculated by <br />multiplying those deliveries by 0.201 (20.1%). The subsurface component of the return flow <br />obligation will be calculated by multiplying the 5 year running average annual deliveries of GIC <br />water, shown above, by the monthly subsurface return flow factors given in Appendix A -2 of the <br />decree entered in case no. 96CW658 (see Table 4). The quantity of GIC water remaining after <br />5 year running average GIC #3 <br />Direct Flow River Headgate Delivery <br />Total <br />Prorated to <br />One Share <br />Fossil Creek <br />Reservoir Delivery <br />Total <br />Prorated to <br />One Share <br />(519.7 shares total) <br />(1.0) <br />(1.0) <br />2010 <br />8,476 <br />16.31 <br />0 <br />0 <br />2009 <br />7,598 <br />14.62 <br />0 <br />0 <br />2008 <br />8,152 <br />15.69 <br />185 <br />0.357 <br />2007 <br />8,488 <br />16.33 <br />147 <br />0.283 <br />2006 <br />8,294 <br />15.96 <br />573 <br />1.102 <br />Total <br />41,008 <br />78.91 <br />905 <br />1.797 <br />5 -year <br />average <br />8,202 <br />15.78 <br />181 <br />0.359 <br />Mr. Jared Dains, E.I. Page 4 of 8 <br />June 22, 2011 <br />and conditions decreed in case no. 1996CW658, including monthly and annual volumetric limits on <br />water deliveries and monthly return flow requirements. The decree in case no. 1996CW658 found <br />that 519.7 shares were used to irrigate 3,501 acres with an average historical consumptive use of <br />5,358 acre -feet per year, which yields an average consumptive use credit of 10.31 acre -feet per <br />share (5,358 acre- feet/519.7 shares). <br />Based on the above, the 2.0 shares to be used in this plan results in a consumptive use <br />credit of approximately 20.62 acre -feet per year (10.31 acre -feet per share x 2.0 shares). One -half <br />(0.5) share was used for irrigation on the Barrett property, one -half (0.5) share was used for <br />irrigation on the Duran property, and one -half share was used for irrigation on Farm W -38, for <br />which perpetual dry-up covenants have been obtained. The other one -half (0.5) share will be <br />used as a "floating share" as described in case no. 1996CW658. In accordance with paragraph <br />19 of case no. 1996CW658, the lands historically irrigated by the "floating shares" are reported <br />to have already been dried up and are no longer irrigated. <br />In paragraph 6.7.4 of the decree in case no. 1996CW658, future farm headgate deliveries <br />of the 67.75 shares were limited to 1,712 acre -feet per year (25.26 acre -feet per share) and 12,631 <br />acre -feet (186.43 acre -feet per share) in any consecutive 10 year period. Deliveries of the 2.0 <br />shares of GIC water under this plan must comply with these limits. The historical return flows shall <br />be maintained in accordance with the return flow factors identified in case no. 1996CW658. The <br />return flows associated with the delivery of Fossil Creek Reservoir water that is attributable to the <br />2.0 GIC shares shall also be maintained in accordance with the surface and subsurface factors <br />decreed in case nos. 1996CW658. Pursuant to paragraph 6.7.6 of case no. 1996CW658, the <br />subsurface component of the return flow obligation will be calculated based on the 5 year running <br />average annual farm headgate deliveries of GIC direct flow water and Fossil Creek Reservoir <br />water. The average annual deliveries for the last 5 years are shown in the table below: <br />As specified in case no. 96CW658, all deliveries of GIC water incur a return flow <br />obligation to the stream system made up of a surface and subsurface component. The surface <br />component of the of the return flow obligation of GIC direct flow water will be calculated by <br />multiplying deliveries by 0.237 (23.7 %). The surface component of the return flow obligation <br />associated with the Applicant's use of Fossil Creek Reservoir water will be calculated by <br />multiplying those deliveries by 0.201 (20.1%). The subsurface component of the return flow <br />obligation will be calculated by multiplying the 5 year running average annual deliveries of GIC <br />water, shown above, by the monthly subsurface return flow factors given in Appendix A -2 of the <br />decree entered in case no. 96CW658 (see Table 4). The quantity of GIC water remaining after <br />