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Cristyn Radabaugh <br />June 28, 2019 <br />Page 5 of 10 <br />11) The 192 shares of Catlin Canal Company must be operated as a unit, whereby the <br />shares may not be "split" such that a part of the shares are used during one year and <br />the balance used during a subsequent year. However, the Applicant may exercise the <br />IWSA for only a subset of the water rights included in this IWSA. In such a <br />circumstance, the Applicant must specifically define the shares that will be exercised <br />that year and the land associated with those shares. For purposes of C.R.S. 9 <br />37-92-309(3)(c), any subset of water rights not used shall be deemed to have been <br />used. The water rights that are not exercised that year will forego the right to be <br />exercised another year under the IWSA in lieu of that year. <br />12) The 192 shares of Catlin Canal Company changed herein shall not be the subject of a <br />substitute water supply plan approved pursuant to C.R.S. 9 37-92-308, during the <br />approval period, unless this IWSA is revoked or cancelled. In addition, the shares <br />cannot be included in a separate IWSA. <br />13) The IWSA shares must be delivered to the Catlin Canal headgate and delivered <br />pro -rata by the Catlin Canal Company reduced by canal loss (10.43% on average) and <br />off -farm lateral loss (3.5% on average) as applicable. IWSA farm headgate deliveries <br />associated with this temporary change of use shall be only that portion attributable to <br />Catlin Canal Company's direct flow water rights and Catlin Canal Company's portion of <br />the Winter Water Storage Program water. <br />14) Approval of this IWSA does not in any way eliminate the obligation of the Applicant to <br />comply with any ditch company by-laws that may apply to the use of the Catlin Canal <br />Company shares operated under this IWSA. <br />15) The amount of consumptive use credits and return flow obligations and the disposition <br />of consumptive use credit and return flow replacement water must be calculated on a <br />daily basis. Such consumptive use credits may be exchanged to Pueblo Reservoir for <br />use by the City of Fountain, or stored for such uses or to replace IWSA return flows as <br />necessary. Exchanges may also occur to Holbrook Canal for delivery to Holbrook or <br />Dye Reservoirs with later release and exchange to Pueblo Reservoir. <br />16)Exchanges operated pursuant to the Super Ditch Exchange Decree in Case No. <br />2010CW004 must comply with all terms and conditions of that exchange decree. <br />17) Any exchange of water under this IWSA that is not operated pursuant to a court decree <br />must be approved in advance by the Division Engineer after a determination that there <br />is sufficient exchange potential to accomplish the requested exchange without injury <br />to other water rights and taking into account the timing of river flows between the <br />exchange -from point and exchange -to point. <br />18) All exchanges operated under this plan must be requested and approved through the <br />Arkansas Basin Water Operations Dashboard system managed by the Division Engineer's <br />Office. <br />