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III. Ruling <br />1. The foregoing Findings of Fact and Conclusions of Law, paragraphs 1 through <br />43 above, together with any exhibits hereto, are incorporated into this ruling. <br />2. The underground water rights and Plan for Augmentation, as decreed herein, <br />are administrable by the Division Engineer. <br />3. The Applicant is entitled to, and hereby decreed, an underground water right <br />for the Tomichi Pit, located as described above, in the amount of 0.600 c.f.s. (269 g.p.m.) <br />conditional, .530 c.f.s for the Tomichi Pit — Phase 1 and .070 c.f.s. for the Tomichi Pit — <br />Phase 2, out of the Tomichi Creek alluvium, with an appropriation date of October 31, 2011, <br />for evaporation, industrial (including dust control, processing, moisture control and retained <br />moisture), irrigation (evapotranspiration), piscatorial, recreational and wildlife uses. The <br />total annual volumetric amount for the Tomichi Pit is 129.4 acre feet, 114.4 acre feet for the <br />Tomichi Pit — Phase 1 and 15.00 acre feet for the Tomichi Pit — Phase 2. <br />4. Applicant shall obtain a well permit for the Tomichi Pit prior to groundwater <br />being exposed during its excavation. <br />5. The Plan for Augmentation described herein to replace any out of priority <br />depletions associated with the Tomichi Pit, is approved subject to the terms and conditions of <br />this decree. <br />6. Applicant shall install measuring devices as required by the Division Engineer. <br />7. Measurement of and the method for replacing depletions to Tomichi Creek <br />with Biebel Ditch water under the augmentation plan approved herein shall be consistent <br />with measurement of and the method for replacing depletions to Tomichi Creek with Biebel <br />Ditch water under the augmentation plan approved in Case No. 06CW123. <br />8. Applicant or its successor shall provide accounting as follows: <br />a. Complete the accounting form attached hereto as Table 6, monthly and <br />submit monthly to the Water Commissioner and Division Engineer by the 10tn of the <br />following month. <br />b. Provide a report to the Division Engineer by November 15 of each <br />water year showing the monthly water diversions, water depletions, and out of <br />priority water depletions at the development during the water year (November 1 <br />through October 31) and the lands under the Biebel Ditches Nos. 1 and 2 that have <br />been removed from irrigation as a result of development of the Tomichi Pit. In <br />addition, the report will state the amounts of the water uses and water depletions that <br />are expected during the upcoming year. <br />Case No. 12CW67, Water Division 4 <br />9 <br />