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Colorado Springs/Super Ditch Pilot Project ' State Engineer's Determination December 6'2O1V Page gof15 of the Consumptive Use Water and then exchanges fully consumable return flows from that first use mrsubsequent uses. 26�Appiicants may operate an exchange only if there is a continuous live stream between the downstream exchange -from point and the upstream exchange -to point, and must cease operating at anytime that a live stream ceases to exist in that reach. 27,The rate and volume of water diverted at the exchange -to point prstepped exchange points shall not be greater than the rate and volume of water introduced at the exchange -from point, after adjustment as necessary to account for losses (including but not limited Lmtransit losses, seepage losses, evaporation, and evapotranspiration). 28. The rate of exchange shall be limited to the least of (1) the rate at which substitute supplies are delivered at the exchange -from point, (2) the rate at which the exchange is in priority within the relevant exchange reach, (3) the minimum rate of flow in the exchange reach that will preserve a live stream, (4) the amount of flow available at the exchange -to point, and (5) the physical capacity of the receiving structure at the exchange -to point that is legally available toApplicants. 29. Stored water derived from the Pilot Project and/or fully consumable sources available toCS-U will be used to meet the tagged historical return flow obligations associated with the fallowing of the historically irrigated lands. Transit losses on water delivered for replacement of the tagged historical return flow obligations as assessed by the Division Engineer will be included from the point of release to the confluence of the Arkansas River and Crooked Arroyo orTimpao Creek, as applicable. 30� Any return flows not met by delivery of that portion of the available headgatediversions shall be made up from some other source decreed for this use or approved for this use by a substitute water supply plan, or from the consumptive yield of shares included in the Pilot Project. 31.4K diversions shall be measured in a manner acceptable to the Division Engineer. Super Ditch shall install and maintain measuring devices as required by the Division Engineer for operation of the Pilot Project. 32. Accounting: Accounting of water in this Pilot Project must be provided to the Division Engineer on forms and at times acceptable to him or her. Said accounting must be received by the iOLh of the month following the month being reported. 33. The accounting will use the amounts described in this Determination tocalculate consumptive use volumes and return flow obligations. 34.The name, e-mail and postal addresses, and phone number of the contact person who will be responsible for the operation and accounting of the Pilot Project must be provided with the accounting forms to the Division Engineer and Water Commissioner through the email listed in condition no. 3. 35� Fryingpan-Arkansas Project facilities: Pueblo Reservoir' Twin Lakes Reservoir and Fountain Valley Pipeline (or Conduit) are owned and operated as part pfthe Fryingpan'Arkansas Project by the United States Department of the Interior, Bureau of Reclamation. Applicants shall store water in Pueblo Reservoir only ou long as they have a contract with the owners of that structure, and such storage and use iswithin the effective time period mfsuch contract. Any use ofFryingpan-Arkansas Project facilities by Applicants, for storage, exchange orotherwise, will occur only with the written permission of the owner of said reservoir, and will be made consistent with such policies, procedures, contracts, charges, and terms as may Lawfully be determined by the U.S. Bureau of Reclamation or its successors in interest, intheir good faith discretion. Any approval of the Pilot Project will not give Applicants any rights to use of Fryingpan -Arkansas Project structures, including Pueblo Reservoir' but will not alter any