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. ./ ..~ I g In . ~~ ~7~ C'- (,. ~ ( ( . five or more larr,e capacity wells are used as a supplemental supply for the ceLltral water system, addi.tional water will be withdrawn from the Unconfined Aquifer and discharged in areas of potential recharge to the Confined Aquifer. As described above, available records indicate that an annual average of substantially in excess of 2362 acre feet of water from the Zapata Creek drainage alone crosses the eastern edge of the confining clay layer, beyond which recharge occurs only to the Unconfined Aquifer. The presence of any surface stream flow west of the eastern edge of the confining clay layer in- dicates that the full amount of normal recharge to the Confined Aquifer ,from that source has occurred. Except in years when the runoff from the Zapaca Creek and Urraca Greek drainages is such chat in the absence of appli- cant's development their combined flow at the point where they cross the eastern edge of the confining clay layer would be less chan 413.99 acre feet - the estimated maximum consumptive use by the portion of the development served by Zapata Pipeline - the development will have no adverse effect on the Confined Aquifer. Of the 19 yeara of record on the Zapata Creek drainage alone, this has occurred only once. in 1972. (See Exhibit lie" attached hereto.) In such years, however, the Confined Aquifer will b. bene- fitted by the plan for augmentation proposed herein. because the development will utilize the five or more large capaciey we 11s in 'the Unconfined Aquifer, rather than Zapata Pipeline, to supply its central water system. and the return flows from these welll will be in areas of potential recharge to the Confined Aquifer. 12. In order to facilitate the administration of the plan for augmentation proposed herein, measuring devices approved qy the Division Engineer or his representative shall be installed at the intake of the Zapata Pipeline and on the five or more large capacity wells to be drilled into the Unconfined Aquifer. 13. Applicant's proposed wells are not located within a de- signated ground water basin. 14. The Court finds that by imposition of the conditions set forth in these Findings, ground water withdrawals to provide a domestic and municipal water supply to applicant's proposed subdivision will not cause material injury to any vested water r~ghts or decreed conditional water rights in Water Division No.3, and that by the institution of the plan for augmentation set forth herein, applicant may make the ground water withdrawals contemplated therein without the necessity of curtailing such withdrawals in timea of shortage, 15. The Court finds, as a matter of hydrological and geolo- gical face, that pursuant to the operation of the plan of augmentation set forth herein, there is unappropriated water available for the ground water withdrawals contemplated herein, and that no other vested water ri~hts or decreed con-._ ditional water rights will thereby be impaired. . t1 . . . . . I 11 . . . CONCLUSIONS OF LAW I The Coure concludes, as a matter of law: . 1. The plan for augmentation proposed herein by applicant is one contemplated by law, and if administered in accordance with this \..... -5-