2012-11-02_REVISION - M1984094 (3)

Home Browse Search

Case No. 2002CW389 Page 25 of 28 29. Sources of augmentation water not identified in this decree may be added to this augmentation plan only pursuant to a subsequent decree of the District Court for Water Division No. 1. Nothing in this decree shall preclude the Districts from obtaining a substitute water supply plan for replacement of out of priority depletions for temporary uses separate from this plan for augmentation. 30. The absolute and conditional appropriative rights of exchange decreed herein are approved, subject to the following conditions: A. Applicants must have the permission of the owner before using any structure claimed in this decree of which they are not the owner. The exchanges shall be operated only at times when there is a live stream between the point of introduction of the substitute supply into the stream and the upstream diversion point. B. The amount of water diverted at the exchange -to point shall not exceed the amount of water introduced at the exchange -from point. All water rights with priorities senior to the priorities of the exchanges decreed herein and with points of diversion located between the exchange -from point and the exchange -to point must be satisfied either with the remaining flows in the river or from another lawful replacement source of water supplied by Applicants. C. The exchanges decreed herein shall not be operated so as to injure other senior vested water rights, including other exchanges. D. Applicants must pay appropriate transit losses on any water delivered as a substitute supply for the exchanges decreed herein from the upstream location of the delivery of the substitute supply to the stream to the downstream point of exchange. E. Nothing in this decree amends, changes or alters any contractual or deed relationship existing between the City of Aurora and the Upper South Platte District and nothing in this decree amends or changes any of the water rights decreed for storage in Spinney Mountain Reservoir. F. If a Participating Diversion is located within the Service Area on Four Mile Creek, Applicants shall determine the net out -of- priority depletions from its Participating Diversions to Four Mile Creek above the Beery Gage. If measurements at the Beery Gage limit the availability of water rights adjudicated and legally available to the Beery Ditch or Four Mile No. 9 Ditch, and there are out -of- priority depletions being caused by the Participating Diversion which are reducing the flow of Four Mile Creek above the Beery Gage, the Districts shall make replacement water available either to Four Mile Creek above the Beery Gage or to the South