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• <br />Application of Bowie Resources, Limited <br />Caze No. 99 CW 263 <br />Ruling of Referee and Decree <br />Page 8 <br />i. During the irrigation season, the calling rights on Terror Creek are the Terror <br />Ditch rights, owned by the Terror Ditch Company. On Hubbard Creek, the calling rights are the <br />Deer Trail Ditch rights, owned by the Deer Trail Ditch Company. The BLM also has instream flow <br />rights on Terror Creek (0.012 c.fs.) (the "BEM's Terror Creek Instream Flow Right") and on <br />Hubbard Creek (0.011 c.fs.) (the "BEM's Hubbard Creek Instream Flow Right"), both of which <br />were adjudicated in Case No. W-436, District Court, Water Division No. 4. <br />ii. The maximum potential stream depletions from the interception ofthe Springs <br />during mining activities, according to Applicant's spring flow measurements, are 0.04 c.f.s. (17 <br />g.p.m.) to Tenor Creek and 0.85 c.f.s. (382 g.p.m.) to Hubbard Creek. <br />iii. If Applicant's mining activities intercept or alter the flows of any ofthe Bowie <br />Resources Springs which are tributary to Terror Creek, and such interception or alteration causes <br />depletions to Terror Creek while there is a call by the Tenor Ditch on such creek, the amount of <br />water called by and diverted into the Tenor Ditch under Applicant's shares in the Tenor Ditch • <br />Company shall be reduced by the amount of such depletions, up to a maximum of 0.04 c.f.s. (17 <br />g.p.m.). Applicant will also cease irrigation of an appropriate amount of land irrigated by the amount <br />of foregone diversions during the time the call is on the creek, based on the following: The lands <br />historically irrigated by Applicant's shares in the Terror Ditch Company are located in Section 29, <br />Township 13 South, Range 91 West, 6~' P.M. and are shown on Figure 3, attached hereto. <br />Historically, the Tenor Ditch Company water rights have provided irrigation water to the lands of <br />the Company's shareholders at the ratio of 1.0 c.f.s. for 47 acres, resulting in historic annual <br />depletions of 1.53 acre feet per acre. Accordingly, the Applicant shall dry up its historically irrigated <br />acreage at the rate of 0.47 acres for each 0.01 c.f.s. of foregone diversions. The maximum by-pass <br />of 0.04 c.f.s. will require adry-up of 1.88 acres of land. If a dry-up of imgated land is required, <br />Applicant shall identify the land to be dried up to the Division Engineer. <br />iv. IfApplicant's mining activities intercept or alter the flows of any ofthe Bowie <br />Resources Springs which are tributary to Hubbard Creek, and such interception or alteration causes <br />depletions to Hubbard Creek while there is a call by the Deer Trail Ditch on such creek, the amount <br />of water called by and diverted into the Deer Trail Ditch under Applicant's shares in the Deer Trail <br />Ditch Company shall be reduced by the amount of such depletions. The maximum amount of <br />diversions to be foregone shall be 0.85 c.f.s. (382 g.p.m.) less any amount being delivered from <br />Tenor Creek Reservoir to replace depletions to High Value Springs under Paragraph 22.D., below. <br />Applicant will also cease imgation of an appropriate amount of land irrigated by the amount of <br />foregone diversions during the time the call is on the creek, based on the following: The lands <br />historically irrigated by Applicant's shares in the Tenor Ditch Company are located in Sections 14 • <br />and 15, Township 13 South, Range 91 West, 6`s P.M. and are shown on Figure 4, attached hereto. <br />Historically, the Deer Trail Ditch Company water rights have provided irrigation water to the lands <br />