2014-10-17_PERMIT FILE - C1981035A (3)

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a nonevaporative sewage disposal system. As a result, the mine's domestic depletion will be 0.17 acre -feet a year. The commercial/industrial use is deemed to be 100% consumptive. The depletions for the GCC Well Field affect Hay Gulch. 9.5. Instantaneous depletions. The GCC Well Field may be used only for commercial/industrial uses if the wells serving such uses are located within 100 feet from HGD or the drainage channel in Hay Gulch. Depletions from wells located within 100 feet from the HGD or Hay Gulch drainage channel shall be deemed to have an instantaneous impact to the stream Depletions from well diversions for domestic use shall be deemed to be instantaneous to Hay Gulch, whether or not such wells are located 100 feet from the HGD or Hay Gulch drainage channel. 9.6. Administration. Applicant will meter the amount of water withdrawn from the GCC Well Field and will account separately for the amount of water that is used for domestic purposes and the water that is used for commercial/industrial uses. When the diversions from the GCC Well Field are out of priority, Applicant will replace 15% of the water that is applied to domestic use and 1001/6 of the water that is used for commercial /industrial purposes. 9.7. Replacement, The out -of- priority depletions from the GCC Well Field will be replaced by one or a combination of the sources set forth in Paragraph 10.3, above. Said water may be either released from the GCC Reservoir described in Paragraph 8, above, and discharged into the HGD, or the Applicant will forgo the diversion of CCU from the Leased Shares, and discharge such CCU at the return flow location described in Section 6.8.6 to replace out -of- priority depletions. 9.8. Remarks. In the event that the wells drilled pursuant to the GCC Well Field ground water right are unable to produce at the rite of flow necessary to supply the proposed uses, GCC will provide water for said uses by withdrawing water from the GCC Reservoir. In such case, the operation of the augmentation plan under this paragraph 9 will not be necessary. 10. The Court finds that the change of water right described in Paragraph 6, above, will maintain historical conditions on the La Plata River and will not injuriously affect the owners of or persons entitled to use water under a vested water right or a decreed conditional water right. 11. The Court further finds that the Applicant initiated the appropriation for the GCC Well Field and for the GCC Reservoiron December 31, 2007, and that since that date, the Applicant has proceeded with diligence to develop said water rights. 12. The GCC Well Field and the GCC Reservoir are not speculative. Applicant has demonstrated that it can and will apply water diverted pursuant to said water rights to the claimed beneficial uses with diligence and within a reasonable time.