2012-11-02_REVISION - M1984094 (3)

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Case No. 2002CW389 Page 3 of 28 the South Platte River from their confluence to their headwaters within Water Division No. 1 (the "Service Area "). Water used for augmentation will derive from the sources listed in paragraph 6 of this Decree and the exchanges decreed herein. A list of current Participating Diversions is attached as EXHIBIT B. New Participating Diversions may be added to this plan pursuant to the terms set forth in paragraph 8(C), below, and the application to participate attached as EXHIBIT C. 6. Water Rights and Structures to be Used for Augmentation: A. Spinney Mountain Reservoir Water. An undivided interest in the right of first use to a firm yield of 37 acre feet of water per annum from any of the water rights owned by the City of Aurora decreed for augmentation or fully consumable and that are decreed for storage in Spinney Mountain Reservoir. The legal description of that structure is the South one -half of Section 25, Township 12 South, Range 74 West, 6th PM; the left abutment of said dam located at a point whence the Southwest corner of Section 36, Township 12 South, Range 74 West, 6th PM, bears South 23° 26" West 8,314.3 feet in Park County, Colorado. This 37 acre feet of firm yield is first use only and for use within the boundaries of the Upper South Platte District pursuant to the Agreement between the City of Aurora and the Upper South Platte District, dated December 17, 1993 and recorded in the real property records of Park County in Book 509 at Page 835 ( "1993 Agreement "), and that deed dated May 31, 1994 between the City of Aurora and the Upper South Platte District and recorded in the real property records of Park County in Book 522 at Page 210 ( "Deed "). Pursuant to the 1993 Agreement and the Deed, Aurora retains the right to all successive uses after the Applicants' first use. B. Water Stored by the Districts in Spinney Mountain Reservoir. Water stored by the Districts in 50 acre feet of storage space in Spinney Mountain Reservoir. The 50 acre feet of storage space has been assigned to the Upper South Platte District by the City of Aurora. C. 21.5 Shares of the Mountain Mutual Reservoir Company. Those water rights represented by 21.5 shares of the Mountain Mutual Reservoir Company ( "MMRC "), Class A stock, evidenced by Stock Certificate No. 231 ( "the 21.5 shares "). By virtue of its shareholder status in MMRC, the Upper South Platte District is entitled to receive 0.675 acre feet of consumptive use water per year. The 21.5 shares of MMRC were originally allocated to the plan for augmentation decreed in Case No. 80CW050, entered May 2, 1982. The Upper South Platte District acquired the 21.5 shares by assignment in May 1991. The water rights associated with the 21.5 shares may not be