2012-11-02_REVISION - M1984094 (3)

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Case No. 2002CW389 Page 24 of 28 paragraph 9(D) shall substitute the depletions calculated based upon the meter reading in lieu of the presumptive depletion. D. Entry of this decree does not validate any expansion of use that may have occurred for any well included as a Participating Diversion, nor does entry of this decree mean that each well is operating in compliance with its permit or decree. If the actual uses of a well exceed the uses allowed by the well permit, the well owner is required to obtain a new well permit pursuant to §37- 90- 137(2), C.R.S. E. The Districts shall prepare an annual plan of operation to replace the depletions by the Participating Diversions as described in paragraph 9(D), and shall submit the plan of operation to the Division Engineer as required by this decree. F. When augmentation releases or bypass flows of augmentation water are made by the Districts in order to replace downstream depletions from Participating Diversions, the Division Engineer or his designated representative may assess reasonable transportation losses between the point of such augmentation releases or bypass flows to the point of depletion on the stream of a particular Participating Diversion when determining the amount of water available for such uses by Applicants. G. For Participating Diversions located on Beaver Creek whose out -of- priority depletions accrue to the stream above the present points of diversion for the Town of Fairplay's water rights on Beaver Creek, unless the Districts acquire sources of replacement water above such present diversion points, the Districts shall only approve Participating Diversions used for residential purposes in this plan for augmentation. Such Participating Diversions' outdoor uses shall be limited to (1) livestock, and (2) irrigation on residential lots of trees and up to 1000 square feet of lawn or garden. H. In the event that a valid call is placed on a stream below a Participating Diversion's out -of- priority depletion and above the Districts' replacement sources identified in paragraph 6, above, and the call is senior to the Districts' exchanges, the Districts shall either: 1) replace the Participating Diversion's depletions at or above the diversion point of the senior calling water right by any source available to the Districts; 2) make replacement to the senior calling water right in a manner provided in paragraphs 9(A)(3) and 30(F) of this decree, or if not provided for in those paragraphs, in a manner approved by the senior calling water right owner and the water commissioner; or 3) curtail the Participating Diversion.