2012-11-02_REVISION - M1984094 (3)

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D. Procedure to remove wells from plan: Applicants shall replace all out -of priority depletions from wells included as Participating Diversions pursuant to the terms of this decree. Applicants may remove a Participating Diversion from this plan by giving notice to all parties to the contact listed in paragraph 8(C)(2) and detailing the structure to be removed and the amount and timing of any post - pumping depletions to be augmented by the Districts as provided in paragraph 9(A). Any party may send comments to the Districts within 60 days of receipt of such notice. After the 60 day comment period has ended, if the Participating Diversion to be removed is a surface diversion, well or other structure that has no lagged or post - pumping depletions as provided in paragraph 9(A), then that Participating Diversion shall be automatically removed from this plan upon certification by the Districts that the Participating Diversion has ceased. For those Participating Diversions with post - pumping or lagged depletions, a Participating Diversion shall be withdrawn from the plan in 5 years from the filing of the notice of removal from the plan by the Districts. In the event that a party challenges the post - pumping or lagged depletions caused by the withdrawal of a Participating Diversion, the burden of proof is on that party to present evidence under the Court's retained jurisdiction in this matter that the provisions of paragraph 9(A)(1) and (2) should not apply. Once a Participating Diversion is removed from this plan pursuant to this paragraph, the Districts' accounting shall reflect the addition of the commensurate available replacement water for re -sale. 9. Operation of Augmentation Plan. Case No. 2002CW389 Page 12 of 28 A. Depletions. Depending upon the type of diversion structure (i.e., a well or a surface water diversion), Participating Diversions will create both instantaneous and lagged depletions to the stream system. Diversions from Participating Diversions shall be metered or assigned presumptive diversion amounts pursuant to the requirements set forth in paragraph 8(B), above. Consumptive use amounts will also be determined pursuant to the requirements set forth in paragraph 8(B). The plan for augmentation will operate as described below and subject to the terms and conditions listed in paragraph 28. 1. Steady State Depletions. Depletions caused by Participating Diversions from surface water diversions or from wells located 1000 feet or less from a live stream and used for in -house domestic use, stock watering, restaurant, hotel, retail stores, office, kennels, Laundromats, warehouse, automobile service stations, and other similarly situated commercial and industrial uses are presumed to occur on a year- round, steady -state basis within 12 months of the month in which the well pumping occurred. Monthly replacement obligations, therefore, will be determined by dividing the total annual