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decreed diversion rate will be assigned to the Plan for Augmentation. This amount of Biebel <br />Priority No. 1 should be sufficient to replace the potential out -of- priority depletions every <br />month in the May through September period and will provide 199 acre feet of annual return <br />flows to Tomichi Creek. <br />36. The reporting and accounting form for the Tomichi Pit is attached as Table 6. <br />Applicant shall complete this form and submit it monthly to the Water Commissioner and <br />Division Engineer by the 10th of the following month. In addition, Applicant shall provide a <br />report to the Division Engineer's office by November 15th of each water year showing the <br />monthly water diversions, water depletions and out of priority water depletions for Tomichi <br />Pit during the water year, and the lands under the Biebel Ditch that have been removed from <br />irrigation as a result of development of the Tomichi Pit. <br />II. Conclusions of Law <br />37. The foregoing Findings of Fact, paragraphs 1 through 36 above, are <br />incorporated herein as part of these conclusions of law. <br />38. The Application and its contents are contemplated and authorized by law. <br />39. Timely and adequate notice of the filing and the contents of the Application <br />was given as required by law. <br />40. This Court has jurisdiction over the subject matter of this proceeding, and over <br />all persons, entities and water rights that may be effected hereby, whether they have appeared <br />or not. <br />41. The Applicant has demonstrated sufficient proof that the Tomichi Pit will be <br />completed and that the waters can and will be diverted, stored or otherwise captured, <br />possessed and controlled, and will be beneficially used, and that the project can and will be <br />completed with diligence and within a reasonable time. <br />42. Replacement of out of priority depletions under the Plan for Augmentation <br />shall be made in accordance with the terms and conditions of this decree, and the Division <br />Engineer shall administer the plan accordingly. So long as operated by the Applicant and <br />administered by the Division Engineer in compliance with the terms and conditions of this <br />decree, this Plan for Augmentation and its associated senior and junior water rights are <br />sufficient in quantity and quality to replace all out of priority depletions to vested water <br />rights and decreed conditional water rights. <br />43. So long as the Plan for Augmentation is operated and administered in <br />compliance with the terms and conditions of this decree, the Plan for Augmentation will not <br />result in injury to vested water rights or decreed conditional water rights. <br />Case No. 12CW67, Water Division 4 <br />8 <br />