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D. The minimum storage volume, and thus <br /> the total dead storage in Kerr's ponds, is 66.9 <br />' acre feet. <br /> E. Kerr uses a minimal amount of water dur- <br /> ing its mining operations for dust-suppression and <br /> other industrial uses and for domestic and commer- <br /> cial purposes. These usQS consist of 3.10 acre feet <br /> annually of total use, of which 2.56 acre Feet will <br /> be consumed. <br /> ['. Total consumptive use for mining and water <br /> quality control will therefore be 69.46 acre feet an- <br /> nually, assuming that all the dead storage in Kerr's <br /> sedimentation ponds is "consumed" through evaporation <br /> or seepage. <br /> 3. Description of Plan: <br /> A. Kerr holds the water rights described in <br /> Exhibit A, which are components of this plan. <br /> B. Herr requests that the place of storage for <br /> the Marr Pond be changed to any or all of the locations <br />• of Kerr's sedimentation ponds, as listed on Exhibit B <br /> attached hereto, and that the use of the Dta rr Pond <br /> water right be changed to include commercial, indus- <br /> trial, and all other beneficial uses, including re- <br /> placement and augmentation. <br /> C. The sedimentation ponds will fill during <br /> spring runoff. Therefore the great majority of <br /> "consumptive" use will occur during a period when <br /> no call has ever come up the Canadian River, nor i5 <br /> a call reasonably to be anticipated during the life of <br /> Herr's mine. Ii, however, notwithstanding the change <br /> requested in paragraph 3B, a valid senior call were to <br /> occur which might otherwise preclude Herr from storing <br /> water in one or more of its sedimentation ponds, Kerr <br />_Z_ <br />• <br />