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Western Fuels- Colorado, LLC <br />Case No. l OCW208 <br />Page 24 <br />b. Cyprus San Miguel Exchange. <br />i. Description of exchange: This exchange will be operated in priority from <br />the point of depletions no further upstream than the Cyprus Mining Area <br />on the San Miguel River to the point of replacement, the confluence of the <br />San Miguel River and Coal Canyon. <br />ii. Location of lower terminus: The lower terminus of the exchange will be <br />in the SW1 /4 of the NW1 /4 of Section 20, Township 47 North, Range 16 <br />West of the N.M.P.M., at a point 348 feet from the South section line and <br />874 feet from the West section line. <br />iii. Location of upper terminus: The upper terminus of the exchange will be <br />in the SE1/4 of the SE1/4 of Section 24, Township 46 North, Range 16 <br />West of the N.M.P.M., at a point 1,102 feet from the South section line <br />and 138 feet from the East section line. <br />iv. Appropriation date: December 28, 2009. <br />V. Decree: Claim is pending in Case No. 09CW 171. <br />vi. Source: Water will be exchanged and released consistent with the terms <br />and conditions of this plan for augmentation and the decree entered in <br />Case No. 09CW 171. <br />vii. Amount: 2.2 cfs. <br />viii. Uses: (1) Industrial, including but not limited to dust suppression, truck <br />washing, and mine - related in- building uses; (2) irrigation; and <br />(3) augmentation. Augmentation use as to any ponds shall occur only <br />after diversion and storage in its ponds, and release pursuant to the plan <br />for augmentation decreed in Case No. IOCW208, or as otherwise <br />approved by a subsequent decree of the Water Court. <br />13. Description of water rights used for augmentation: <br />a. CC Ditch Water: This decree confirms Applicant's right to use the 61 shares of <br />the CC Ditch that it owns (as described in paragraph 7 above) for augmentation <br />purposes, and to provide a water supply for mining purposes. A map of the CC <br />Ditch is attached at Exhibit E -1, and a map of the headgates to be used to deliver <br />CC Ditch water pursuant to this plan of augmentation is attached at Exhibit E -2. <br />00053058 -7 <br />