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section line and 862 feet from the East section line, UTM Coordinates Northing 4267385.2, <br />Easting 337773.46, Zone 13. The depth of the Tomichi Pit — Phase 1 will be 50 feet. <br />10. The center of Tomichi Pit — Phase 2 is located in the SE' /4NE' /4NWI /4 of <br />Section 4, Township 49 North, Range 1 East, N.M.P.M., at a point 885 feet from the North <br />section line and 2,331 feet from the West section line, UTM Coordinates Northing <br />4267619.71, Easting 337159.13, Zone 13. The depth of the Tomichi Pit — Phase 2 will be 50 <br />feet. <br />11. The Tomichi Pit is proposed to be operated according to a plan for <br />augmentation, approval of which is requested by the Application and decreed herein. <br />12. The Applicant is the owner of the real property on which the Tomichi Pit will <br />be located. <br />Findings Regarding Plan for Augmentation <br />13. The Applicant seeks approval of a plan for augmentation to replace out of <br />priority depletions from the Tomichi Pit ( "Plan for Augmentation "). <br />14. The water rights to be used for augmentation are Biebel Ditches Nos. 1 and 2 <br />(Biebel Ditch). Priority No. 1 in the Biebel Ditch was decreed in Civil Action No. 946 on <br />May 1, 1894 in the amount of 8.94 c.f.s with an appropriation date of September 30, 1876. <br />Priority No. 199 in the Biebel Ditch was decreed April 19, 1943 in Civil Action No. 2079 in <br />the amount of 37.054 c.f.s with an appropriation date of September 30, 1876. The Applicant <br />owns 4.681 c.f.s. of Priority No. 1 and 17.824 c.f.s. of Priority No. 199. <br />15. The land on which the Tomichi Pit will be located has been historically <br />irrigated by the Biebel Ditch. Of the 108.9 acres that will comprise the Tomichi Pit, <br />approximately 100 acres of the Tomichi Pit has been historically irrigated. Areas irrigated <br />by the Biebel Ditch and proposed to be removed from irrigation in connection with the <br />Tomichi Pit are shown on Figure 2. <br />16. In Case No. 06CW123, this Court accepted the determination of consumptive <br />use (CU) credits by Duane D. Helton for the Biebel Ditch water rights. The Court held that <br />the portion of the Biebel Ditch water rights which were not required to be used in connection <br />with the 06CW123 Decree may be used in the Gunnison River Basin pursuant to a decreed <br />Plan for Augmentation by the Applicant. See Findings of Fact, Conclusions of Law and <br />Decree in Case No. 06CW123, at paragraph 32. <br />17. In the 06CW123 Decree, the CU credits for the Biebel Ditch were established <br />and a plan for augmentation approved that, among other things, calls for replacement of out <br />of priority depletions in part by removal of land from irrigation by the Biebel Ditch. This <br />Court further recognized, in section 17 of the 06CW123 Decree, that an additional <br />Case No. 12CW67, Water Division 4 <br />3 <br />