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1~ <br />Ruling of Referee <br />Rivers Edge - 00 CW 244 <br />Page 10 <br />(IV) When there is a valid call, evaporative <br />Crushing Pit No. 3 will be offset by the Phreatophyte C: <br />Credits attributable to this Pit. Any remaining evapora <br />3 and all other depletions from Pit No. 3 will be augm~ <br />remaining Lower Cactus Valley Ditch Credits, if any, <br />Credits. <br />(V) AnyoftheDepletionCredits,togetherwi <br />direct flow rate, not needed or used for augmentation ~ <br />from the Custom Crashing Pits when there is a valid cs <br />use by Applicant. Such credits may be used to repl <br />depletions that may occur as a result of additional min <br />property, or they may be used, sold, or leased for other <br />only be used as approved by the water court under a su <br />F. The Applicant proposes the following <br />augmentation plan: <br />(I) Before the Phreatophyte Credits or Na <br />available for augmentation and replacement purposes, ~ <br />remove phreatophytes and other native vegetation, and <br />Engineer the number of acres and location of the land fr~ <br />and other native vegetation have been permanently rem <br />identified to the Division Engineer, the Applicant shall <br />available on a montlily basis in an amount equal to 2.05 <br />number of acres identified to the Division Engineer fron <br />been removed for Custom Crushing Pit No. 3 and 0.29 <br />number of acres identified to the Division Engineer fr~ <br />vegetation has been removed for Custom Crushing Pi <br />associated with the Last Chance Ditch Credits have a <br />irrigation, so all of its associated Depletion Credits are <br />addition, the lands associated with the Lower Cac1 <br />permanently retired from irrigation effective with the da <br />its associated Depletion Credits shall also be available i <br />(II) Applicant's 50 shazes in the Loesch & <br />equivalent to approximately 0.85 c.f.s. of the Last Cha <br />replacement of depletions using such rights is regi <br />attributable to Applicant's shares will be diverted into <br />headgate and carried through the Ditch to their histor. <br />~tions from the Custom <br />s and Native Vegetation <br />depletions from Pit No. <br />i and replaced with the <br />the Last Chance Ditch <br />their associated shazes and <br />replacement of depletions <br />will be retained for future <br />e and augment additional <br />g activities on Applicant's <br />uposes. Such credits may <br />;equent application. <br />for implementing this <br />ive Vegetation Credits aze <br />pplicant shall permanently <br />;hall report to the Division <br />m which the phreatophytes <br />rued. When such larids aze <br />have Phreatophyte Credits <br />acre feet per acre times the <br />which phreatophytes have <br />acre feet per acre times the <br />m which additional native <br />Nos. 2 and 3. The lands <br />ready been removed from <br />available immediately. In <br />rs Valley Ditch shall be <br />to of this Ruling, and all of <br />~rann Ditch Company aze <br />e Ditch water right. When <br />~ed, such amounts as are <br />re Last Chance Ditch at its <br />point of withdrawal at the <br />