2014-10-10_PERMIT FILE - C1996083 (4)

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Application of Bowie Resources, LLC Case No. OZCW77 Ruling of Referee and Decree Page 13 Applicant will also cease irrigation of an appropriate amount of land historically irrigated by the foregone diversions during the time the call is on. ii. Applicant will divert water under its shares in the Farmer's Ditch Association at the headgate of the North Fork Farmer's Ditch and will transport the water in the North Fork Farmer's Ditch to the Applicant's land historically irrigated by the Farmer's Ditch Association water. The water (minus transit losses) will then be diverted from the Ditch, and the portion attributable to the Farmer's Ditch Depletion Credits will be metered and discharged directly to the North Fork of the Gunnison River during the time the call is on. Applicant will also cease irrigation of an appropriate amount of land historically irrigated by the water attributable to the Farmer's Ditch Depletion Credits during [he time the call is on. iii. The reduction in diversions under Applicant's shares in the Deer Trail Ditch Company, the amount of Farmer's Ditch Association water discharged to the river, • and the amount of land that Applicant must cease irrigating shall be in such amounts and at such times as directed by the State Engineer, acting by and through the Division Engineer for Water Division 4. iv. In order to prevent material injury to the remaining shareholders in the Deer Trail Ditch Company, Applicant proposes the following conditions on the operation of the plan for augmentation and the changes of water rights proposed in this Application: Whenever Applicant forgoes diversions under its shares in the Deer Trail Ditch Company, 90% of the water attributable to Applicant's shares in the Deer Trail Ditch Company will be bypassed past the headgate of the Deer Trail Ditch and left in Hubbard Creek. The remaining 10% of the water attributable to Applicant's shares in the Deer Trail Ditch Company will be diverted at the headgate of the Deer Trail Ditch. Applicant will leave this water in the Company's ditch and will not divert this water out of the Company's ditch in order to account for the ditch losses attributable to foregone diversions. v. Applicant shall install such measuring devices as may be required by the Division Engineer to facilitate the operation of this plan for augmentation and to assure compliance herewith. vi. Water accounting and reporting sheets will be developed by the Applicant and submitted to and approved by the Division Engineer. Once approved, such accounting and reporting sheets shall be filled out and submitted to the Division Engineer annually by November 15. The Applicant shall also file an annual report with the Division Engineer by November 15 of each year, summarizing diversions and replacements made under this plan.