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Super Ditch/Colorado Springs Utilities Pilot Project Response and Modification <br />March 4, 2019 <br />Page 4 <br /> <br /> <br />Finally, Tri-State expresses further concerns about the use of Winter Water as a potential <br />replacement source. The Applicants do not agree with Tri-State’s legal analysis supporting these <br />concerns; but, in any event, the Applicants will not use Winter Water as a replacement source, which <br />should obviate these concerns. <br /> <br />E. Overlapping Shares <br />Tri-State and LAWMA claim that the Proposal includes land and water that overlaps with land <br />and water included in the Catlin Pilot Project. While some of the same farms are participating, the <br />parcels and shares included in this project are different. Exhibit A contains an updated list of lands and <br />water included in the Proposal. <br /> <br />F. Compliance with Decrees <br />Pueblo West asserts that the Super Ditch/CS-U Pilot Project should be operated in compliance <br />with previous court cases. Applicants agree and are confident that following the pilot project <br />application and comment process, extensive terms and conditions will be imposed that will protect <br />Pueblo West’s water rights, including its exchange rights, as was done with the Catlin Pilot Project. <br /> <br />Pueblo West also seems concerned that Applicants intend to use the 05CW96 Exchange to <br />exchange water into Pueblo Reservoir. This, however, is incorrect. The purpose of the Super <br />Ditch/CS-U Pilot Project is to deliver water to CS-U in Pueblo Reservoir using the 10CW4 Exchange <br />or other legally available means. CS-U may then use its 05CW96 Exchange or other legally available <br />means to transfer the water into its system. However, for the purposes of this project, once the water is <br />delivered into Pueblo Reservoir, it has been delivered to the municipality and no terms and conditions <br />related to the 05CW96 Exchange would be appropriate. Similarly, CS-U’s other exchanges are beyond <br />the scope of the Proposal and do not require additional terms and conditions as part of the Super <br />Ditch/CS-U Pilot Project. <br /> <br />G. Pilot Project Evaluation <br />Pueblo West states that the Proposal should “be evaluated on the basis of prevention of injury <br />to other water rights, not on a claim of benefits to society in general.” The Applicants agree the pilot <br />project must be implemented to avoid injury to other water users, and, as stated above, are confident <br />that following the application and comment process, extensive terms and conditions will be imposed to <br />accomplish this. As part of the Super Ditch/CS-U Pilot Project, however, the Applicants also seek to <br />evaluate the benefits that Super Ditch offers to both individual farmers and the Arkansas River Valley