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Colorado Springs Utilities Pilot Project Proposal <br />November 16, 2018 <br />Page 9 <br /> <br />Resolution demonstrates their general support for the CS-U Pilot Project, suggesting that <br />these approvals should reasonably be able to be obtained. Exhibit B. Additionally, Lower <br />Ark has already entered into a carriage agreement with Catlin to allow for delivery of non- <br />Catlin water to the recharge ponds, attached as Exhibit J. This agreement is assignable, <br />and Lower Ark is able to assign it to Super Ditch if necessary for this project. <br /> <br />5. Fort Lyon Canal Company Board approval of use of Fort Lyon facilities (ditch, laterals, <br />reservoirs, and augmentation stations) and carriage of non-Fort Lyon water to recharge <br />facilities. The Fort Lyon Letter of Intent demonstrates their general support for the CS-U <br />Pilot Project, suggesting that these approvals should reasonably be able to be obtained. <br />Exhibit D. Fort Lyon does not currently have any recharge ponds. <br /> <br />6. High Line Canal Company Board approval of use of High Line facilities (ditch, laterals, <br />and augmentation station) and carriage of non-High Line water to recharge facilities. The <br />High Line Letter of Intent demonstrates their general support for the CS -U Pilot Project, <br />suggesting that these approvals should reasonably be able to be obtained. Exhibit F. <br />7. Agreements for lease of recharge sites. Applicant currently has Recharge Site Leases in <br />place with the owners of the land upon which the Schweizer and Hanagan recharge <br />facilities are located, which Applicant anticipate s can and will be renewed at such time that <br />those agreements expire. See Exhibits K and L. Additional agreements for any future <br />locations will be obtained, as needed. <br /> <br />8. BOR annual renewal of Lower Ark’s “if and when” storage contract. BOR routinely <br />approves such contracts for Lower Ark and others. <br /> <br />To facilitate more efficient operations, Applicant may seek to obtain permission to utilize <br />intermediate storage locations along the Arkansas River to facilitate operation of a stepped exchange <br />into Pueblo Reservoir from the Colorado Canal Company, the City of Aurora, the City of Colorado <br />Springs, and/or the Fort Lyon Canal Company. Applicant may also work with other entitie s to <br />effectuate trades that could be subject of separate agreements. Applicant may also seek permission to <br />utilize the Excelsior Recharge Ponds from the Excelsior Ditch Company and/or AGUA, or to utilize <br />other recharge facilities that may be constructed in the future. However, these permissions and/or <br />agreements are not necessary for operation of the CS-U Pilot Project. <br />V. Water Conservancy District Limitations/Requirements (Criteria and Guidelines § II.F.4) <br />Both the place of temporary municipal use and t he historically irrigated lands are located <br />within the boundaries of the Southeastern Colorado Water Conservancy District (“Southeastern”). It is <br />anticipated that replacement of return flow obligations could be met through use of Lower’s Ark’s “if