PERMFILE43836

• Permit No: C1996083A
• IBM Index Class Name: Permit File
• Doc Date: 11/30/2004
• Doc Name: Case No. CW 263 Water Augmentation Plan
• Section_Exhibit Name: Exhibit 02 Water Augmentation
• Media Type: D
• Archive: Yes

•
Application of Bowie Resources, Limited
Case No. 99 CW 263
Ruling of Referee and Decree
Page t0
the Bowie Resources Springs tributary to Terror Creek is taking place, or that any such interception
or alteration does not result in any depletions to Terror Creek. If such a demonstration is made,
Applicant and BLM shall jointly file notice thereof with the court, and upon such filing, the
provisions of this Paragraph 22.C.vi. shall no longer be applicable.
vii. Applicant and BLM have agreed to the following additional terms and conditions to
protecttheBLM'sHubbazdCreekInstreamFlowRight: Notwithstanding anyotherprovisionofthis
decree, Applicant shall use its shazes in the Deer Trail Ditch Company to ensure that the BLM's
Hubbard Creek Instream Flow Right is satisfied above the Deer Trail Ditch headgate at all times
when the Deer Trail Ditch Company water rights aze in priority. Applicant's obligations under this
Paragraph shall be met by calling sufficient water under Applicant's shazes in the Deer Trail Ditch
Company to the headgate of the Deer Trail Ditch if and when the BLM's Hubbazd Creek Instream
Flow Right is not being satisfied during the irrigation season. Applicant shall be entitled to divert
such water at the headgate of the Deer Trail Ditch and use such water for its decreed purposes
(whether now or hereafter decreed). Applicant's obligations pursuant to this Pazagraph shall •
continue until such time as Applicant demonstrates to the satisfaction of the BLM that no
interception or alteration of flow of the Bowie Resources Springs tributary to Hubbazd Creek is
taking place, or that any such interception or alteration does not result in any depletions to Hubbazd
Creek. Ifsuch a demonstration is made, Applicant and BLM shall jointly file notice thereofwith the
court, and upon such filing, the provisions of this Paragraph 22.C.vii. shall no longer be applicable.
D. Augmentation of Impacted "Hi¢h Value Springs and Ponds". The Forest Service has
identified certain of the Bowie Resources Springs on its property as "high value springs". Applicant
has agreed with the Forest Service that any water loss at these identified high value springs resulting
from Applicant's mining activities will be replaced at the spring location. In addition, Applicant has
agreed that if certain ponds on Forest Service land aze damaged by subsidence resulting from
Bowie's mining activities, the ponds must be repaired so they continue to impound and hold water.
The impacts from subsidence on the high value springs would be similaz to that described in
Paragraph 22.C., above. Extended effects ofwater loss from the Forest Service high value springs
could include loss of ecosystem function. The high value springs and ponds identified by the Forest
Service, and the procedures for replacing water losses at such springs and ponds, aze as follows:
i. The springs identified by the Forest Service as "high value springs" aze the
following: SP33-5; SP33-6; S33-2; 534-1; SP34-2; S34-3; 534-4; 534-5; SP34-11; and 534-22 (the
"High Value Springs"). The locations of the High Value Springs are shown on Figure 5, attached
hereto and incorporated herein by reference. •
ii. The ponds ofconcem to the Forest Service are the following: P32-3; SP33-5;
SP33-6; P33-7; P33-3; SP34-2; SP34-11; 81; 82; and 84 (the "High Value Ponds"). The locations