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_ which are all tributary to the Yampa River. Applicant currently <br />uses water for dust suppression in its mining operations, on haul <br />roads, and at the tipples. Such use is necessary for compliance <br />with applicable air pollution control laws and regulations. In <br />addition, applicant uses water for domestic uses within the mine <br />and office facilities, general industrial uses, irrigation, <br />reclamation, stock watering (including ponds for wild animals), <br />domestic (including the provision of domestic water supply to <br />residences and employee quarters in connection with mining <br />operations), and all other beneficial purposes associated with <br />mining operations. A line diagram showing the locations of the <br />Ditch Rights is attached as Exhibit B. A map showing the <br />locations of the Storage Rights and Underground Rights described <br />in paragraphs 5 and 7 above, is attached as Exhibit C. <br />b. Amount: Total diversions by applicant are <br />estimated to be 1400 acre feet annually, with an E.s:.imate:~ <br />consumptive use of 400 acre feet annually. The ac•:~:al amount of <br />diversions and consumptive use may vary from year to year. A <br />detailed description of each of the water uses at the mine is <br />given in paragraph 10 below. <br />c. Amendment to Augmentation Plan Including Exchange: <br />By this amendment, applicant has proposed to add the following to <br />the Original Decree: (1) additional water rights to be augmented <br />(Underground Rights), (2) additional direct flow augmentation <br />water rights (Ditch Rights), and (3) additional storage <br />reservoirs (Storage Rights). The provisions of the Original <br />Decree will remain in full force and effect but will include the <br />water rights aid structures added by this amendment. Pursuant to <br />paragraph 14 of the Original Deczee, the amount of historical <br />consumptive use of the direct flow water rights described in <br />paragraph 6 above will be changed to storage for later year round <br />use in mining, reclamation, irrigation, electrical generation, <br />fish propagation, and all other beneficial uses. It is intended <br />by Applicant, however, that all such uses of the water rights <br />described in paragraph 6 above will be in connection with mining <br />operations or in facilities located on mine property. The water <br />rights described in paragraphs S.a, 5.b, and S.c above may be <br />used as alternate points of diversion for the Ditch Rights. <br />Finally, the places of storage of each of the changed Ditch <br />Rights may include any and all of the Storage Rights. <br />d. Clarification of Original Decree: Applicant has <br />requested that the Original Decree be clarified to provide <br />explicitly for the replacement of depletions caused by out-of- <br />priority diversions from the Underground Rights with releases of <br />water from the Storage Rights. Applicant has requested that the <br />Original Decree be clarified to allow for out-of-priority storage <br />of water in the Storage Rights, so long as such diversions to <br />storage are augmented pursuant to this plan. water so stored may <br />-13- <br />