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taken out of another storage account. <br />5. All native water in storage, regardless of priority, counts as storage of the water <br />right(s) beginning with the most senior priority and progressing to the next senior <br />right until all water rights have been filled. The practice of physically storing water <br />under junior rights or bypassing water in priority and accounting for the senior rights <br />as being filled is termed "paper filling" a water right. This practice prevents the senior <br />water right(s) from impacting the system at a later date by placing a call on the river <br />that historically would not have occurred when flows in the river may be reduced. <br />The accounting must be able to track actual and paper fill of all priorities, beginning <br />with the most senior right. <br />6. Water may be transferred from a senior storage account to a more junior account at <br />the discretion of the owner/operator with the following conditions: <br />a. An owner/operator may transfer or "book over" water at the rate that <br />water is legally available to the junior water right or physically available to <br />the reservoir, whichever is less. The rate at which a book over is allowed <br />will be based on the capacity of the reservoir's inlet/outlet structures or <br />other limitation placed by the Water Commissioner. The reservoir need <br />not physically release and store water unless required to do so to <br />demonstrate the physical limitations of the inlet/outlet structures. <br />b. Any transfer of water from a senior priority to a more junior priority must <br />be approved by the Water Commissioner or the Division Office in writing, <br />so that the Water Commissioner knows which priority may place a call. <br />c. The transfer of water between accounts must be clearly shown in the <br />accounting. <br />Evaporation <br />7. A reservoir owner/operator may designate the account from which evaporative <br />losses are deducted. <br />Seepage and Toe Drain Water <br />8. Unless specifically addressed by the terms of a decree, the Division shall consider all <br />seepage a loss of dominion and control of the water. <br />9. Toe Drain flow from on -stream reservoir dams may be counted as an "accretion to <br />the stream" that is used to offset evaporative losses in accordance with C.R.S. 37- <br />84-117 (5), provided the toe drains are measured and recorded separately from the <br />measured release from the reservoir. <br />10. Prior to accounting for and making subsequent use or reuse of seepage of <br />transbasin or nontributary water a reservoir owner/operator must demonstrate and <br />obtain Division approval verifying the owner/operator has maintained dominion and <br />control of such water. <br />11. Prior to accounting for and making subsequent use or reuse of seepage of tributary <br />fully consumable water a reservoir owner/operator must demonstrate and obtain <br />water court approval verifying the owner/operator has maintained dominion and <br />control of such water. <br />November 14, 2018 Page 3 <br />