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Ruling and Decree Case No.2009CW271 City of Longmont without limitation, the Longmont City Council's ordinance (0-2004-79) approving the First Amended and Restated Mineral Lease Agreement with AI. E. Amount. 2 c.f.s., conditional. F. Use. Reclamation, recreation, fish and wildlife propagation, and wetland propagation. G. Well Permit. The Project Reclamation Features are currently permitted, in the name of AI and in accordance with temporary substitute supply plans pursuant to §37-90- 137(11), C.R.S., as No. 67433-F. Longmont shall apply for a new well permit in accordance with this Ruling and Decree, and the State Engineer shall issue the requested permit pursuant to the terms and conditions of this Ruling and Decree. 10. Water rights to be used for augmentation. A. Longmont Coffm Davis Right. The Longmont Coffm Davis Right, as changed by this Ruling and Decree, and more fully described in Paragraphs 6 through 8 above. B. Other Longmont water rights. All additional sources of water available to Longmont that are fully-consumable or are otherwise decreed for such purposes, including, without limitation,those sources described in Paragraph 8.J., above. 11. Operation of plan for augmentation. At all times when the Project Reclamation Features are out-of-priority Longmont shall replace the net depletions associated with the Project Reclamation Features using the net stream depletion credits available from the Longmont Coffm Davis Right, as changed in this Ruling and Decree, and/or the additional sources of augmentation water available to Longmont identified in Paragraph 10.B., above. A. Depletions. The total annual depletions from the Project Reclamation Features are estimated to be 318.25 acre-feet,based on a projected 64.0 acres of free water surface area(ponds and streams) and 63.7 acres of new wetlands area to be established upon full implementation of the post-mining reclamation plan for the Mine Permit Area. The foregoing is only an estimate, and Longmont shall replace the actual out-of-priority depletions from the Project Reclamation Features, to be calculated as follows: i. Depletion rate per acre-Water surface evaporation. The net surface evaporation rate per acre of ponds and streams established by the Project is 2.523 acre- feet annually, distributed on a monthly basis as shown in Column 2, "Water Surface Evap."of Table 4,below. These monthly rates may be reduced proportionately during months, or portions of months, in which ice cover occurs. The foregoing rate is calculated using a methodology consistent with both the Colorado Division of Water Resources' General Guidelines for 13