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// 3 <br />December 13, 2018 <br /> <br /> <br />maintain return flows in time, location and amount to prevent injury to other water rights. <br />This concern will lead to significant accounting and control issues that the applicant should <br />address along with detailed engineering analysis typically required for a change-in-water- <br />rights application. <br /> <br />With these issues in mind the following concerns are listed below: <br /> <br />1. The applicant should indicate that they understand that under the proposed pilot <br />program that any water that is to be exchanged under the 2005CW96 decree must <br />conform to the requirements of paragraph 29.P of that decree, including notice, <br />approval by the Division Engineer and opportunity for other parties to object. In <br />addition, the Division Engineer should confirm whether the 2005CW096 decree <br />allows water to be exchanged into Pueblo Reservoir, whether from sources <br />downstream of Fountain Creek or from return flows in Fountain Creek from use of <br />the proposed sources. <br /> <br />2. The applicant should indicate how any potential sub-irrigation of the fallowed <br />parcel from an adjacent irrigated parcel will be accounted for. <br /> <br />3. The applicant should indicate how any potential sub-irrigation that reduces the <br />transferable amount of consumptive will be calculated and accounted for. <br /> <br />4. The applicant should address how the rotational/intermittent fallowing will affect <br />historic return flows from the fallowed parcels and potential interference with <br />continuation of return flows from adjacent non-fallowed parcels. <br /> <br />5. The applicant should indicate that they understand that the winter water storage <br />program, that was stipulated to in Case No. 84CW179, is not to be used to exchange <br />water from Big Johnson Reservoir to Pueblo Reservoir, as we don’t believe it <br />allows such an exchange. <br /> <br />6. Use of the exchanges decreed in Colorado Spring Utilities decrees 84CW202, <br />84CW203, or 89CW036 with an appropriation date of June 13, 1989, from the