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Western Fuels- Colorado, LLC <br />Case No. l OCW208 <br />Page 27 <br />mining - related purposes for its ongoing mining activities. Upon <br />completion of its mining activities in this area outside of Nucla, Colorado, <br />Applicant may resume use of these shares for irrigation on the historically <br />irrigated lands or other lands under the CC Ditch. <br />b. Releases from storage: Applicant may store water in priority under the decreed <br />storage water rights described in this decree, which storage rights include use for <br />augmentation. In addition to other means of replacement or augmentation, <br />Applicant may make augmentation water releases from such storage facilities as <br />needed to replace out -of- priority depletions during the irrigation season. <br />14. Statement of plan for augmentation: The water rights described in paragraph 11 will be <br />used to provide a water supply for Applicant's coal mining operations at its New <br />Horizon 2 mining area, New Horizon North mining area, Cyprus mining area and/or <br />other nearby areas. The augmentation plan decreed herein is intended to allow out -of- <br />priority diversions, depletions and/or storage of those diversions by providing for <br />replacement of out -of- priority depletions caused by Applicant that would otherwise be <br />subject to a call administered by the Division of Water Resources. <br />a. Mining depletion sources: Out -of- priority depletions may result from Applicant's <br />mining - related activities, including, but not be limited to, dust suppression, truck <br />washing, in- building uses, reclamation, pond evaporation from storage, mine -pit <br />pumping, and well pumping. <br />b. Quantification of out- of- priority mining depletions: Any potential out -of- priority <br />depletions associated with mining will be dependent on the time of year, level of <br />mining operations, and extent of the mining area, including the amount of pond <br />surface areas (as ponds are constructed or reclaimed). In the event of a senior <br />call, Applicant's' out -of- priority depletions will be quantified using the <br />accounting form attached as Exhibit I ( "Accounting Form "). The Accounting <br />Form is an editable spreadsheet that will allow mine personnel to input pond <br />surface areas and levels of water use, according to operations and configurations <br />of the mining area at any given time, to reasonably quantify Applicant's out -of- <br />priority depletions and replacement obligations in the event of a senior call. The <br />accounting forms at Exhibit I are not decreed herein and, if otherwise consistent <br />with the provisions of this paragraph, may be changed from time to time by <br />Applicant with the approval of the Division Engineer, so long as Applicant <br />provides notice to opposers herein of the proposed changes and the opposers are <br />given 30 days to provide comments to the Division Engineer. <br />00053058 -7 <br />