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(d) 1.0 cfs <br />Case No. 2002CW389 <br />Page 21 of 28 <br />4. (a) Appropriation Dates: <br />i. St. Mary of the Rockies - January 6, 1999. <br />ii. Fairplay Mobile Home Park - January 1, 1998 <br />iii. Forest Glen Sports Association - April 30, 1998. <br />iv. Lininger Reservoir (Kenosha Trout Club) - March 14, 2000. <br />(b) How appropriations were initiated: By agreement of the Upper South <br />Platte District to replace stream depletions associated with diversions <br />from each of the structures and pursuant to operation of State <br />Engineer approved substitute water supply plans. <br />(c) Date appropriations were completed: i, ii and iii above- Dec. 31, 1999; <br />iv above -Sept. 12, 2000. <br />11. Use of Water. Applicants have demonstrated that the water will be used <br />for augmentation, substitution, replacement and exchange by them or by persons <br />or entities which they have either agency relationships or firm contractual <br />commitments. <br />12. Possession and Control. Applicants have a specific plan and intent to <br />divert, store or otherwise capture, possess, and control a specific quantity of <br />water for specific beneficial uses. <br />13. Available Water. Applicants have demonstrated that unappropriated water <br />is available at the upstream points of exchange in the amounts claimed from the <br />sources claimed. <br />14. Operation of Exchanges. All exchanges shall be subject to physical and <br />legal water availability within the affected stream reaches. Exchanges shall be <br />operated as junior in priority to all senior vested water rights, including all <br />instream flow water rights listed in EXHIBIT E. Exchanges shall be further subject <br />to the terms and conditions listed in paragraph 30. <br />15. Beneficial Use. Applicants have demonstrated that the water can and will <br />be diverted and beneficially used, and that the project can and will be completed <br />with diligence and within a reasonable time. <br />