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PERMFILE43836
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PERMFILE43836
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Entry Properties
Last modified
8/24/2016 10:46:18 PM
Creation date
11/20/2007 11:43:18 AM
Metadata
Fields
Template:
DRMS Permit Index
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
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LJ <br />Application of Bowie Resources, Limited <br />Case No. 99 CW 263 <br />Ruling of Referee and Decree <br />Page 12 <br />vi. If it is determined that a High Value Spring is being impacted by Applicant's <br />mining activities, the impact will be mitigated as follows: <br />a. Ifthe impact is caused by a subsidence crack, Applicant will promptly <br />attempt to repair the crack in order to restore the flow of water from the Spring. <br />b. Ifthe repair is unsuccessful; or ifthe impact results from a cause other <br />than a subsidence crack, Applicant will use water from its shares in the Terror Ditch Company to <br />replace water from the impacted Spring or Springs. The Terror Ditch Company owns certain direct <br />flow water rights, and it also owns water rights that aze stored in the Terror Creek Reservoir. <br />Applicant's ownership of Terror Ditch Company shares entitles it to receive a proportionate shaze <br />of the water produced by the Terror Ditch Company water rights. Within one construction season <br />after irreparable impact to a High Value Spring or Springs is determined to exist, Applicant will <br />construct a pipeline (the "Pipeline") from the outlet of the Terror Creek Reservoir to the High Value • <br />Springs. The routing of the Pipeline is shown on Figure 5, attached hereto. The Pipeline will be a <br />6-inch diameter PVC pipe for the majority of the delivery system. The Pipeline will be reduced in <br />diameter once it reaches the ridge lines above Sheep Corral and Freeman Gulches. Pursuant to <br />Paragraph 22.C., above, a small portion of the water attributable to Applicant's shares in the Tenor <br />Ditch Company will be utilized to replace depletions to Terror Creek when there is a call on the <br />Creek and to ensure the BLM's Tenor Creek Instream Flow Right. Applicant will make the <br />remainder of the water produced under its shares available to replace the lost flows to the High Value <br />Springs. This water will be released from the Tenor Creek Reservoir into the Pipeline. The water <br />will then be released from the Pipeline at the site(s) of the impacted High Value Spring(s) in amounts <br />necessary to replace typical seasonal flows from those Springs. The maximum amount of water that <br />will be available for this purpose will be the amount of water produced under Applicant's shares in <br />the Tenor Ditch Company, less the amount of Tenor Ditch Company water necessary to satisfy <br />Applicant's obligations pursuant to Paragraph 22.C., above. Applicant will cease irrigation of an <br />appropriate amount of land irrigated by the water released into the pipeline in the manner described <br />in Paragraph 22.C.(iii), above. <br />c. Applicant and the Forest Service may mutually agree to alternate <br />procedures to mitigate impacts that may be caused to any of the High Value Springs by Applicant's <br />mining activities, in lieu of the procedures outlined above. <br />vii. Applicant's obligations pursuant [o this Paragraph 22.D. shall continue until <br />such time as Applicant demonstrates to the satisfaction of the Forest Service that none of the High • <br />Value Springs and Ponds will adversely impacted by Applicant's mining activities, or that the <br />provisions of this Pazagraph 22.D. are no longer necessary to protect the High Value Springs and <br />
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