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Colorado Springs/Super Ditch Pilot Project - State Engineer's Determination <br />December 6, 2019 <br />Page 10 of 15 <br />existing rights Applicants may have of any use of the Fryingpan- Arkansas Project facilities. <br />Applicants shall not operate the Pilot Project in a manner that would interfere with the lawful <br />operation of the Fryi ngpan -Arkansas Project. Applicants will operate the Pilot Project in a <br />manner consistent with the LAVWCD's subcontract with Southeastern for excess capacity <br />storage in Pueblo Reservoir. Prior to storing water in Pueblo Reservoir pursuant to a <br />subcontract between Southeastern and LAVWCD, or any other excess capacity storage <br />participant, Applicants shall obtain an assignment of all or any appropriate portion of that <br />subcontract, approval of which will not be unreasonably withheld by Southeastern. <br />36. Applicants acknowledge that any Pilot Project approval does not give Applicants any rights to <br />ownership or use of any Fryi ngpan- Arkansas Project structure, or any rights of ownership or <br />rights to purchase or receive allocation of Fryi ngpan -Arkansas Project water, and does not alter <br />any existing rights (including any right to renew existing contracts) Applicants may have. <br />Applicants shall not use Fryi ngpan -Arkansas Project water or Project Water return flows for <br />maintenance of return flows from irrigation use of any water rights utilized in this Pilot <br />Project. <br />3T Applicants shall not operate the Pilot Project in a manner that would interfere with the lawful <br />operation of the Fryi ngpan- Arkansas Project. Any water stored in Pueblo Reservoir as a part of <br />this Pilot Project shall be beneficially used within Southeastern's district boundaries. <br />38. Winter Water Storage Program: Use of Winter Water to meet return flow obligations from the <br />fallowing of historically irrigated lands shall be consistent with the terms and conditions <br />contained in the Winter Water Storage Program ("WWSP") decreed in Case No. 84CW179 <br />(Water Div. 2) and Southeastern's contract for Winter Water storage in Pueblo Reservoir. <br />Applicants shall not operate exchanges under this Pilot Project during the WWSP storage season <br />of November 15 through March 14. Nothing in any approval of this Pilot Project authorizes <br />storage of Winter Water contrary to the requirements and limitations of the Decree in Case No. <br />84CW179 and the contract between the United States and Southeastern Colorado Water <br />Conservancy District. <br />39. A portion of the water available to the Subject Shares is derived from the Catlin Canal <br />Company's share of WWSP water in Pueblo Reservoir. During operation of the Pilot Project the <br />portion of the Winter Water available to the Subject Shares shall be stored in Lower Arkansas <br />Valley Water Conservancy District's excess capacity space in Pueblo Reservoir, or such other <br />storage space that Applicants obtain all necessary approvals to utilize, and must be released to <br />the Catlin Canal during the period of March 15 through November 14 in proportion to release of <br />Catlin's other Winter Water and may not be booked- over to CS-U or used for replacement of <br />winter return flows. If no excess capacity storage is available in a given year, Applicants will <br />not have Winter Water available in Pueblo Reservoir for this Pilot Project during that year. <br />40. All of Applicants' Winter Water shall be delivered through the Catlin Canal during the period of <br />March 16 through November 14, at the same time as deliveries of Winter Water are made to <br />Catlin shareholders. Any Winter Water stored in Pueblo Reservoir under this Pilot Project will <br />be stored pursuant to the applicable rules and regulations in effect from time to time for <br />storage of Winter Water. <br />41. To the extent that the Pilot Project stores Pilot Project consumptive use water and return flow <br />water that require delayed replacement in Pueblo Reservoir, such water may be booked over to <br />replace return flow obligations that are owed to WWSP participant structures during the Winter <br />Water storage period on a monthly or weekly basis, or as otherwise required by the Division <br />Engineer, to participants in the WWSP as necessary to prevent injury to the water rights <br />included in that Program. The Division Engineer will utilize Exhibit M of the decree in Case No. <br />12CW94 to determine the amount of the return flow obligation that is owed to John Martin <br />Reservoir for changed Catlin Canal shares. The Division Engineer will be required to make <br />