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2012-11-02_REVISION - M1984094 (3)
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2012-11-02_REVISION - M1984094 (3)
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Last modified
6/16/2021 5:51:38 PM
Creation date
11/2/2012 1:39:38 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M1984094
IBM Index Class Name
REVISION
Doc Date
11/2/2012
Doc Name
Submittal
From
Greg Lewicki And Associates, PLLC
To
DRMS
Type & Sequence
TR1
Media Type
D
Archive
No
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Case No. 2002CW389 <br />Page 15 of 28 <br />on Tarryall Creek or Michigan Creek are placing call(s) on <br />Tarryall Creek or Michigan Creek, respectively, downstream of <br />Centennial's quantification points which call(s) is senior to the <br />priority date(s) of Centennial's water rights and in the absence <br />of which call(s) Centennial's water rights would be fully or <br />partially in priority, shall be replaced upstream of such calling <br />water right(s). Alternatively, if the Districts are unable to <br />replace the depletions upstream of such calling water right(s) <br />due to lack of available replacement water upstream of the <br />calling water right(s), the quantity of water by which <br />Centennial's water rights are being shorted, up to the total <br />amount of the out -of- priority depletions from Participating <br />Diversions on Tarryall or Michigan Creeks, respectively, shall <br />be added to the measured amounts at Centennial's applicable <br />quantification point for purposes of determining Centennial's <br />entitlement under the applicable decree in Case No. <br />05CW111, 99CW199(A), or 99CW199(B) and the Districts <br />shall then cause the release of water or bypass consumptive <br />use direct flow water from any source described in paragraph <br />6 in an amount equivalent to the amount of such depletions <br />caused by the Participating Diversions, plus transit losses for <br />any length of stream between the point of release and <br />Centennial's point of downstream diversion that is greater <br />than the distance between the applicable quantification point <br />and Centennial's point of diversion downstream, and such <br />amount shall be available for diversion downstream by <br />Centennial as reduced by any transit losses. Centennial shall <br />be responsible for any transit losses assessed against the <br />released or bypassed water for the distance equivalent to the <br />distance between the applicable quantification point and <br />Centennial's downstream diversion point. <br />(c) The Districts shall receive credit against their <br />augmentation obligation for any release or bypass of <br />consumptive use water by the Districts pursuant to this <br />paragraph 9(A)(3). <br />B. Replacement Water. Replacement water will be made available in <br />order to provide replacement of depletions from Participating Diversions in <br />time, place and amount as required by the terms and conditions of this <br />decree. At times when the exchange rights decreed herein are legally and <br />physically able to be exercised pursuant to the terms and conditions of this <br />decree, releases may be exchanged to the point of depletion on each <br />stream. Augmentation water will be provided by releases from storage in <br />
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