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Poudre Pits Combined SWSP Page 5 of 10 December 28, 2015 Replacements The proposed sources of replacement water under this SWSP is historical consumptive use credits available from 7 shares of the Whitney Ditch used at the Tigges farm, and water leased from the Central Colorado Water Conservancy District. For the purposes of this SWSP, the historic consumptive use of the subject Whitney Ditch shares was determined based on a parcel -specific analysis. Historically 10 Whitney Ditch shares were used to irrigate 120 acres on the Tigges farm. The Tigges farm owner (Kenny Tigges), through the mining lease, has allowed the operator to use all necessary Whitney Ditch water that was currently being used on the property. For this SWSP period the operator will be using 7 of the 10 Tigges Whitney Ditch Shares. This plan projects a farm headgate delivery of 31.176 acre-feet per share for a total of 218.23 acre-feet for the 7 subject shares. The total consumptive use available for the 7 shares of the Whitney Ditch averaged 105.73 acre-feet, with a return flow obligation of 112.50 acre- feet (see Tables 6-10). This equates to an average historic consumptive use of 15.1 acre-feet per share for the subject 7 shares. A ditch -wide analysis was decreed for the Whitney Ditch in case no. 2008CW65 and utilized in case no. 1990CW23. Based on a study period of 1950 through 1995, the Court found that the average annual gross river diversion was 10,600.2 acre-feet per year or 33.13 acre-feet per share. The ditch - wide analysis determined that the overall average consumptive use was 4,400.9 acre-feet per year or 13.75 acre-feet per share for the 320 total shares, assuming a system loss of 15% and a farm efficiency of 60%. However, in case no. 2002CW331, 8 shares historically used on 74 acres were decreed a river headgate diversion of 33.42 acre-feet per share and a consumptive use of 16.32 acre- feet per share (130.5 acre-feet total), based on a parcel -specific analysis. Because of this larger historic consumptive use amount decreed in 2002CW331, the ditch -wide amount decreed in 2008CW65 was reduced by removing the consumptive use decreed for the 8 shares in case no. 2002CW331 from the total amount and applying the reduced historical consumptive use of 4270.4 acre-feet to the remaining 312 shares, which resulted in a historical consumptive use of 13.69 acre- feet per share. In the Jones Ditch case [See In Re Water Rights of Central Colorado Water Conservancy District, 147 P.3d9 (Colo. 2006)], the Supreme Court has directed that a ditch -wide analysis is both preferable and more appropriate when determining the historical consumptive use of ditch water rights. Given that direction from the Court, we have reason to expect that shareowners on the ditch with a parcel -specific analysis that is lower than the ditch -wide analysis yield will use the ditch -wide analysis yield in a future change case. If shareowners with a parcel -specific analysis that results in a higher yield actually use that higher yield in a change case, the use of the ditch will be expanded, resulting in injury to other vested water rights. To prevent such an outcome, once a ditch -wide analysis has been done, the ditch -wide yield should be the standard for historical consumptive use of the water right (on a per-share basis) up to the point of entry of the decree. Therefore, the use of the parcel -specific analysis will be accepted for this SWSP plan period; however, to ensure no enlargement of the total historical consumptive use of the ditch, any future SWSP must be based on the ditch -wide analysis previously decreed in case no. 2008CW65. The 7 Whitney Ditch shares will be diverted at the Tigges farm headgate, delivered to the mine site, measured, and returned directly to the Poudre River. The water will be measured through a turnout in the Whitney Ditch equipped with a Parshall flume that is located above Lake Shiloh (aka the Roberts Pit). The water delivered to the waste ditch (WDID 0302904) will flow south directly to the river without passing through any ponds. All measurements must be made and recorded to the