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C. As set forth in paragraph 14.H, above, fume use of the Sage Cmk Reservoir and Bates Ditch wazer righu transferred to the Sage Creek Reservoir Outlet Ditch will be limited to the historical consumptive use, to prevem enlargement of use. D. The Sage Creek Reservoir and Bazes Ditch water righa transferred to the Sage Creek Reservoir Outlet Ditch aze not intended to be used for domestic or cotmnercial uses, as reflected in paragraphs 7.A and 10.A, above. E. Adequaze measuring devices aze required to be iruralled in accordance with paragraph 14.I, above. F. Necessary accounting forms and procedures are required to be developed in accordance with paragraph 14.I, above. G. The Opposer's concerns are addressed in pazagraphs 17 and 18, below. 17. Opposer's Concerns. The Opposer, Tri-State Generation and Transmission Associa[ion. Inc., has raised the following concerns: A. If Applicant is proposing to use historical consumptive use attributable to storage releases from Sage Creek Reservoir to offset depletions at the Yoast Mine outside the period when Sage Creek Reservoir filled, then injury to junior rights downstream could result. B. The decree should cover the possibility that the Sage Creck Reservoir dam might be recotutructed, to prevent a net increase in the historical depletions. LJ C. The augmentation plan should address post-training depletions. D. The augmentazion plan should address the loss of delayed return flows. E. Applican[ must be limited to the use of the Sage Creek Reservoir and Bates Ditch water rights when such water rights aze in priority and physically and legally available at the original points of diversion, and limited to the historical cotuumptive use amounts. 18. Applicant's Response to Opposer's Concerns. A. Wazer will be stored in Ponds 010 and 012 as alte:na[e points of storage for Sage Creek Reservoir only during the historical storage period; wazer for industrial and augmentation uses will be withdrawn or released from Ponds 010 and 012. all as set forth in paragraphs 14.F and G, above. Therefore, there will be no change of time of depletions as a result of the plan for augmentation. B. Ponds 010 and 012 will be alternatc points of storage for Sage Creek Reservoir, and future use of the Sage Creek Reservoir wazer righu will be limited ro the historical conttunptive rue, az set forth in paragraphs 14.F, G and H, above. Therefore, [here will be no na increase in the historical depletions. r 1 ~J FINDING OF FACt AND DECREE G.u No. 93 Cw' 071 1l 16-4-23