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12/8/2019 State.co.us Executive Branch Mail - CS-U/Super Ditch Fallowing-Leasing Pilot Project <br />https://mail.google.com/mail/u/0?ik=1f3905cd06&view=pt&search=all&permthid=thread-f%3A1652127730653114877%7Cmsg-f%3A16521277306531…2/3 <br /> <br />8. Whether or not the terms and conditions clearly delineate how exchanges under 05CW96 may be used. <br /> <br />After further discussion, Applicants will agree to the following term and condition: “Super Ditch shall not operate the <br />exchanges in this Pilot Project so as to prevent any intervening decreed water right, including any decreed appropriative <br />right of exchange, from diverting the amount of water to which it would have been legally entitled in the absence of these <br />exchanges.” Pueblo West requested that the term bind “Co-Applicants,” however, CS-U is not operating exchanges <br />under this Pilot Project. It may operate exchanges only after its water has been delivered to Pueblo Reservoir under this <br />Pilot Project. <br /> <br />9. Whether or not Super Ditch’s engineers must submit supplemental engineering related to whether the results of <br />the LFT are consistent with 12CW94, and why any 12CW94 results are not being used. <br /> <br />After further discussion, Pueblo West no longer requests any revisions. <br /> <br />10. Whether or not a term and condition must be added stating that “Super Ditch must lease enough space in <br />Pueblo Reservoir to assure that the requirements of the 10CW4 Decree are met, prior to exchanging water into Pueblo <br />Reservoir. <br /> <br />After further discussion, Applicants and Pueblo West have agreed on the following term and condition: “The projection of <br />lagged return flows shall be compared to the dry-year yields in Table 9, Colorado Springs Supplies for Return Flow <br />Replacement, included with the revised tables in the November 25, 2019 Martin and Wood Water Consultants, Inc. <br />memorandum regarding the CS-U/Super Ditch Pilot Project Revised HCU Analysis. If the Division Engineer determines <br />that such source(s) is(are) inadequate or otherwise unavailable to meet return flow obligations owed for the upcoming <br />plan year, the Division Engineer may deny use of that source for such purpose and require Applicants to dedicate an <br />acceptable firm source of water prior to commencement of operations for that plan year. This shall also include <br />information regarding Applicants’ anticipated method(s) and source(s) of water anticipated to be used to meet return flow <br />obligations beyond the upcoming plan year such that the Division Engineer can evaluate the likelihood that Applicants will <br />continue to be able to meet return flow obligations in upcoming years and to take such action(s) as may be necessary to <br />proactively address potential shortfalls in meeting long-term return flow obligations. This projection shall be available to all <br />interested parties through the posting to an FTP site or other accessible web site within a reasonable time of submittal to <br />the Division Engineer.” <br /> <br />11. Whether or not additional terms and conditions relevant to the decree in 10CW4 must be added to address <br />stepped exchanges. <br /> <br />After further discussion, Pueblo West no longer requests any revisions. <br /> <br />12. Whether or not additional terms and conditions need to be added related to delivery of return flow water. <br /> <br />This issue is still unresolved. <br /> <br />13. Whether additional terms and conditions need to be added to address the potential high groundwater issue. <br /> <br />After further discussion, Pueblo West no longer requests any revisions.