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Application of Bowie Resources, Limited Case No. 99 C W 263 Ruling of Referee and Decree Page 9 of the Company's shareholders at the ratio of 1.0 c.f.s. for 38 acres, resulting in historic annual depletions of 1.53 acre feet per acre. Accordingly, the Applicant shall dry up its historically irrigated acreage at the rate of 0.38 acres for each 0.01 c.f.s. of foregone diversions. The maximum by-pass of 0.85 c.f.s. will require adry-up of 32.3 acres of land. If a dry-up of irrigated land is required, Applicant shall identify the land to be dried up to the Division Engineer. v. Applicant shall monitor and keep records ofthe flows ofthe Bowie Resources Springs on at least a quarterly basis until its mining operations in the azea of the Springs has been completed, and copies of such records shall be submitted to the Division Engineer for Water Division 4 annually byNovember 15. Ifa question arises as to whether Applicant's mining activities have intercepted or altered the flows of any of the Bowie Resources Springs, Applicant and the Division Engineer shall consult with the Forest Service and the BLM to determine the existence and extent of such impact, based upon Applicant's monitoring records and any other available information. Such parties shall cooperate in good faith to determine the existence and extent ofsuch impact, provided, however, that if such parties cannot agree on the impacts, the decision ofthe BLM • and Forest Service shall control. The reduction in diversions under Applicant's shazes in the Terror and/or Deer Trail Ditch Companies, and the amount of land that Applicant must cease irrigating, shall be in such amounts and at such times as directed by the State Engineer, acting by and through the Division Engineer for Water Division 4, subject to the maximum diversion reductions and acreage dry-ups set forth in Paragraphs 22.C.(iii) and (iv), above, and Pazagraph 22.C.(vi), below. vi. Applicant and BLM have agreed to the following additional terms and conditions to protect the BLM's Terror Creek Instream Flow Right: Notwithstanding any other provision of this decree, Applicant shall use its shazes in the Terror Ditch Company to ensure that the BLM's Terror Creek Instream Flow Right is satisfied above the Terror Ditch headgate at all times when the Terror Ditch Company direct flow water rights aze in priority. Applicant's obligations under this Paragraph shall be met by (a) calling sufficient water under the Terror Ditch Company's direct flow water rights, pursuant to Applicant's shazes in the Terror Ditch Company, to the headgate of the Terror Ditch and (b) bypassing five (5) g.p.m. ofsuch water at the headgate of the Terror Ditch at all times during the irrigation season. Applicant shall be entitled to divert such water (less the 5 g.p.m. that is required to be bypassed) at the headgate ofthe Terror Ditch and use such water for its decreed purposes (whether now or hereafter decreed). With respect to the 5 g.p.m. that is required to be bypassed under this pazagraph, Applicant shall dry up additional land irrigated by its Terror Ditch Company shares, in the manner set forth in Pazagraph 22.C. iii., above. The BLM agrees that the bypass of the 5 g.p.m. pursuant to this paragraph shall be deemed to satisfy the BLM's Terror Creek Instream Flow Right below the headgate of the Terror Ditch, and that so long as the 5 g.p.m. bypass • is being made, it will not place a call against the Terror Ditch for the BLM's Terror Creek Instream Flow Right. Applicant's obligations pursuant to this Paragraph shall continue until such time as Applicant demonstrates to the satisfaction of the BLM that no interception or alteration of flow of