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.~ 1 ' Ruling of Referee Colorado Rivers Edge - 00 CW 244 Page 8 (I) Applicant is entitled to claim depletion credits for the removal of 10.0 surface acres of phreatophytes, including cottonwoods, tamarisks, and willows, from the azea where Custom Crushing Pit No. 3 will be excavated. Credits aze claimed from April 16 tluough October 31 of each year in the amount of 20.52 acre feet per yeaz, or 2.05 acre feet per acre. The Water Balance tables attached hereto as Tables A-1 and A-2 show the phreatophyte consumptive use credits for each month of the growing season. These phreatophyte consumptive use credits, which may be used to offset evaporative depletions replacement obligations, shall be referred to herein as the "Phreatophyte Credits." (II) Applicant is entitled to claim depletion credits for the removal of 8.00 acres of additional native vegetation, consisting lazgely of sage brush, salt grass, rabbit brush, and low growing shrubs, from the area where Custom Crushing Pits Nos. 2 and 3 will be excavated. Three (3.0) acres of native ~ egetation aze attributable to the planned surface area of Pit No. 3, and 5.0 acres of native vegetation are attributable to the planned surface area of Pit No. 2. Credits aze,claimed from April 2 6 through October 31 of each year in the amount of 2.321 acre feet per year, or 0.29 acre feet per acre in connection with the removal of this, additional native vegetation. The Water Balance tables attached hereto as Tables A-hand A-2 show the native vegetation consumptive use credits for each month of the growing season. These native vegetation consumptive use credits shall be referred to herein as the "Native Vegetation Credits". The 8.0 acres of native vegetation its located over portions of the Phase III mining area. i (III) As indicated in Paragraph 14, above, ApF the stock of the Grand River Ditch Company. Applican Custom Crushing Pit No.l will remove from imgation 1 historically have been irrigated by the Lower Cactus Val of historically irrigated land is located in the Phase II min of the Grand River Ditch Company owned by Applicant a full irrigation water supply to these 12.5 acres of lan historic consumptive use of approximately 2.08 acre feet acre feet per yeaz for the entire 12.5 acres. Applicant Clair. in such amounts, referred to herein as the "Lower Cactus consumptive use was calculated using the NRCS comps Irrigation Water Requirements Beta 3.0 program" ("IWF Water Balance tables attached hereto as Tables A-1 and A Valley Ditch Credits spread over the irrigation season of licant owns 2.03 shares of is mining activities at the 2.5 acres of grass hay that ley Ditch. The 12.5 acres ung azea. The 2.03 shares have historically provided d, resulting in an average per acre per yeaz, or 25.99 is consumptive use credits /alley Ditch Credits". The ter program entitled "The .Beta 3.0 Program"). The -2 show the Lower Cactus April 15 through October 31.