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A. The monthly replacement credit is to be determined by <br /> multiplying the amount of water released from 104 shares of Fountain Mutual Ditch <br /> by the specific monthly percentage found in the following table: <br /> Month JFMAMJJA SON D <br /> Percentage 66 34 22 53 68 64 71 68 50 64 48 75 <br /> 6. The Division Engineer shall release 95% of the total production of <br /> water of 104 shares of Fountain Mutual Water owned and controlled by the <br /> Applicant so long as said wells are pumped out of priority for the production of <br /> gravel and its Transit Mix Concrete operations to satisfy any valid down stream <br /> call of the Fountain River and as calculated by the Formula provided herein and <br /> shall release any additional water represented by said sharps not needed under the <br /> Formula on a regular basis in his discretion for the benefit of the Fountain and <br /> Arkansas Rivers. The Division Engineer, in exercising this discretion, shall <br /> recognize the need of Applicant for replacement water in dry years or years of high <br /> production. <br /> 7. The Applicant's production of gravel is limited to and shall not <br /> exceed on an annual basis 500,000 tons and on a monthly basis 50,000 tons. <br /> 8. At any time should the depletion credit available from the <br /> Applicant's ownership of 104 shares of Fountain Mutual Irrigation Stock pursuant to <br /> the Formula provided herein be less than the amount required to replace depletions <br /> resulting from its operations, the Applicant will curtail its production to limit its <br /> depletions to the amount of credit available from the ownership of Fountain Mutual <br /> shares or provide additional water which qualifies by reason of importation to <br /> provide the required volumes for augmentation of all depletions calculated pursuant <br /> to the Formula provided for herein of its gravel and Transit Mix Concrete <br /> operations, so long as the Applicant provides and the Division Engineer releases <br /> sufficient volumes of water to replace its depletions to satisfy any valid down <br /> stream call in Fountain Valley, El Paso County, Colorado at either of the points <br /> provided herein. <br /> -4- <br />