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11.2 Points of Diversion. The water rights associated with Applicant's Riverside <br />Shares and Jackson Share shall continue to be diverted at the headgates of those respective <br />companies and shall remain subject to the bylaws of such companies. <br />11.3 Maintenance of Return Flows. At such times when Applicant requires water for <br />replacement of depletions associated with the operation of Applicant's plan for augmentation or <br />return flow obligations described in this Decree, all or part of Applicant's reservoir rights may be <br />released from the respective reservoir and delivered to the South Platte River. An amount equal <br />to the volume of water delivered to the South Platte River shall be considered to be fully <br />consumable and, subject to the terms of this Decree, may be used to replace out of priority <br />depletions and return flow obligations to the South Platte River associated with the operation of <br />the plan for augmentation and changes of water rights described in this Decree. In order to <br />replicate the return flows and ditch losses associated with the historical use of the Applicant's <br />Riverside Shares and Jackson Lake Share for irrigation purposes, the procedures described in this <br />decree shall be used. Ditch losses and return flows from the historic use of Applicant's <br />Riverside Shares totaled 46.66% of the amounts released from Riverside Reservoir. Ditch <br />losses, transit losses and return flows from the historic use of Applicant's Jackson Lake Share <br />totaled 47.24% of the amounts released from Jackson Lake Reservoir. Thirty -five percent (35 %) <br />of the total return flow obligation was considered surface returns and 65% of the total return <br />flows was considered ground water returns. The volume of water determined to be surface <br />returns was deemed to return to the South Platte River during the month the water was delivered. <br />The ground water return flows historically returned to the South Platte River on a lagged basis in <br />the months following application. The resulting combined return flow factors, expressed as a <br />percentage of reservoir water available under this plan in any given accounting year, are set forth <br />in Sections 11.3.1 and 11.3.2 below, and in the proposed accounting form attached hereto as <br />Exhibit D. The amount of return flows owed by Applicant in any year shall be based on the <br />actual yield of such shares in a given year, rather than the amount of reservoir water released <br />under this augmentation plan. Applicant will be required to replace return flows only when there <br />is a downstream call for water on the South Platte River senior to December 28, 2007, the date of <br />the Application. <br />11.3.1 Applicant's Riverside Shares. Ditch losses and return flows from the <br />historical use of Applicant's Riverside Shares averaged 46.66% of the amounts released <br />from Riverside Reservoir. Applicant's monthly return flow obligations during any given <br />year with respect to its Riverside Shares shall be calculated as the amount per Riverside <br />share declared by the Riverside Reservoir and Land Company to be available to its shares <br />in that year, multiplied by the number of Applicant's Riverside Shares, and by the <br />following monthly return flow factors (expressed as a percentage): <br />Jan <br />I <br />I Apr <br />May <br />Jun <br />Jul <br />Aug <br />Set <br />Oct <br />Nov <br />Dec <br />2.41 <br />1.92 <br />1 1.59 <br />1 1.60 <br />1.76 <br />1.80 J <br />5.99 <br />1 10.28 <br />7.46 <br />4.93 <br />13.89 <br />13.03 <br />11.3.2 Applicant's Jackson Lake Share. Ditch losses, transit losses and return <br />flows from the historical use of Applicant's Jackson Lake Share totaled 47.24% of the <br />amounts released from Jackson Lake Reservoir. Applicant's monthly return flow <br />5of17 <br />