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~~ ~ Ruling of Referee Colorado Rivers Edge - 00 CW 244 Page 9 (IV) As indicated in Paragraph 14, above, Applicant has contracted to purchase 50 acre feet of historic consumptive use associated with the Last Chance Ditch, together with 50 shazes of the stock of the Loesch & Crane Ditch Company and the direct flow rate associated therewith. Such historic consumptive use and the associated shares have historically been used in connection with the irrigation of approximately 30.85 acres of grass hay and provided a full irrigation water supply thereto, resulting in an average historic consumptive use of approximately 1.62 acre feet per acre per yeaz, or approximately 50.04 acre feet~per yeaz for the entire 30.85 acres. Applicant claims consumptive use credits in such amounts, referred to herein as the "Last Chance Ditch Credits". The consumptive use was calculated using the IWR Beta 3.0 Program. The Water Balance tables attached hereto as Tables A-1 and A-2 show the Last Chance Ditch Credits spread over the irrigation season of April 15 through October 31. The location of the 30.85 acres Hof historically irrigated land is shown on Figure 1. The historically irrigated land was dried up and retired from irrigation as a result of the construction of Interstate 70~. E. During the Historic Call Period (April I S through October 31 of each yeaz), Applicant will provide augmentation and replacement water necessary to meet the lawful requirements of senior appropriators, to the extent such appropriators will be deprived of water by Applicant's out-of-priority depletions from its activities at the Custom Crushing Pits (a "valid call"), in the following manner: (I) Applicant's mining activities will begin'at Custom Crushing Pit No. 1 (which is known as Phase II of Applicant's mining operations), and will then progress to Pit No. 2 and Pit No. 3 (which is Phase' III of Applicant's mining operations). When a valid call is placed, depletions from each of the Pits will be augmented and replaced using the Depletion Credits, as more fully described below. (II) When there is a valid call, depletions from the Custom Crushing Pit No. 1 will be augmented and replaced with the Lower Cactus Valley Ditch Credits. (III) When there is a valid call, depletions from the Custom Crushing Pit No. 2 will be offset by the Native Vegetation Credits attributable to this Pit. To the extent there aze additional depletions, these depletions will be augmented and replaced with the remaining Lower Cactus Valley Ditch Credits. To the extent the remaining Lower Cactus Valley Ditch Credits do not totally augment and replace the depletions from Pit No. 2, the remaining depletions Willi be augmented and replaced with the Last Chance Ditch Credits.