2012-11-02_REVISION - M1984094 (3)

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Adjudication Date Case No. 2002CW389 Page 4 of 28 used in this decree and exchanged pursuant to the exchanges claimed in this application until such time as the water court enters an amended decree in Case No. 80CW50 confirming that the 21.5 shares are available as an augmentation source in this case. Delivery of MMRC's water will be made at various points including the confluence of the main stem of the South Platte River and the North Fork of the South Platte River from the following described sources: 1. Guiraud 3T Ditch: MMRC owns 2.868 cfs of the water rights decreed to the Guiraud 3T Ditch as follows: Appropriation Date Amount (cfs) October 18, 1889 July 1, 1867 20 (Original Adjudication, Water District 23) The Guiraud 3T Ditch headgate is located on the South bank of the Middle Fork of the South Platte River in the NE 1 /4, Section 8, Township 11 South, Range 76 West, 6 PM, Park County, Colorado, at a point whence the Northeast Corner of said Section 8 bears North 63° 35' East, 1,305 feet. Originally decreed for irrigation uses, this water right has been subject to various change proceedings. Past decrees have determined the average annual consumptive use under the Guiraud 3T Ditch to be 21.825 acre feet per 1.0 cfs. 2. Spinney Mountain Reservoir: MMRC owns a firm annual yield of 80 acre feet of water stored in Spinney Mountain Reservoir pursuant to the Water Rights Exchange Agreement between the City of Aurora and MMRC, dated November 24, 1986 and recorded in the real property records of Park County in Book 407 at Pages 69 -84. The legal description of said Reservoir is described in 9J6(A), above. Nothing in this decree in any way amends, changes or alters any contract or deed between MMRC and the City of Aurora. A storage decree for the reservoir has been entered for domestic, irrigation, municipal and all other beneficial uses as follows: Adjudication Date Appropriation Date Amount (acre feet) 1973: Case No. W -7395 March 26, 1973 86,000 In addition, various decreed direct flow water rights have been transferred to storage in the structure by the Division No. 1 Water