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stortge will be limited to those quantities of water flowing pas[ the Sage Cmk <br />Ditch to the Yampa River, burins other times, water will be stored is Pond 012 <br />• under its own wazer right or its out-of-priority storage of water will be replaced <br />by storage releases from Applicant's Wadge Pit Reservoir or by cottract releases <br />front Stagecoach Reservoir. Diversions into storage under the Bata Ditch wazer <br />right will be limited to 1.0 cfs from June 8 through July 18 (historical diversion <br />peri•~d) and to 12.3 acre fee[ annually. <br />The Yoast Mine Shop Well will cause depletions to Sage Creek az the raze of <br />8.6.E percent of the annual putrtpage az 15 years. If the well produces 41 acre <br />feet in a given year, the depletion to Sage Creek would be about 3.5 acre feet <br />anmtally. In order to replace out-of-priority depletions to Sage Creek during the <br />irritation season, Pond 012 will retain 1.8 acre feet of water in storage for <br />release [o Sage Creek. <br />Post-mining depletions will be limited to recovery from pumping of the Yoast <br />Mine Shop Well, and will rapidly drop to less than 5% of the average annual <br />puntpage. Should the Division Engineer determine that junior water rights are <br />being adversely affected by these post-mining depletions, releases may be <br />determined by Applicant's ground water depletion model, and releases called for <br />from Stagecoach Reservoir. Recovery will be virtually complete 20 years afrer <br />mining is comple[ed. <br />H. Continued Irritation and Other Use. <br />Opt:ration of the plan for augmentation will utilize a maximum of 103.3 acre fee[ <br />of the historical consumptive use, leaving a minimum of 153.2 acre fee[ of <br />consumptive use available for continued irrigation. of the historically irrigated <br />land, or other uses to be developed in the future. Any use of the Sage Creek <br />Reservoir and Bates Ditch water rights other than continued irrigation of the <br />historically irrigated ]and or use az Applicant's Yoast Mine shall require the prior <br />approval of the Court. To avoid enlarged use, Applicant will limit the [oral use <br />from the Sage Creek Reservoir and Bates Ditch water rights [o the 256.5 acre <br />feet per year of historical consumptive use. Because this amount of water was <br />historically consumed. it may be subjec[ed to reuse and successive uses to <br />extinction without causine injury to other water rights and wazer users. <br />I. ~~lacemenr of Delayed Irri¢arion Retum Flows. <br />To the extent that Applicant stores water in Ponds 010 and 012 under the Sage <br />Crr~ek Reseryoir and Bates Ditch water rights, there will be a reduc[ion of <br />delayed irrigation return flows during the months of July, Augus[ and September. <br />Those return flows may be replaced by storage releases from Applicant's Wade <br />Pit Reservoir or by contract releases from Stagecoach Reservoir up to the <br />ma~timum amount of 31 % of the Sage Creek Reservoir and Bates Ditch wazer <br />stored in Ponds 010 and 012 during that water year. <br />OF FACT AND DECREE <br />95 CR' 071 <br />16-4-21 <br />