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Mark A. Steen <br />A_ If the underground mine workings referenced in Paragraph <br />16 are not subject to significant amounts of seepage loss, as <br />anticipated, Applicant intends to divert only the historic <br />stream depletions associated with the said 20 shares. Under <br />this alternative, that ar.~ount of ti~ater historically diverted <br />but not consumed will be left in the stream. Applicant shall <br />be entitled to divert a minimum of 10.4 acre feet L,er year. A <br />formula which may be used to determine the total amount of <br />water which Applicant tnay divert including the 10.4 acre feet <br />minimum in any one year under this alternative is as follows: <br />0.70 times the number of Left Hand shares owned by Applicant <br />times the amount of water actuall}• diverted per share by the <br />Left Hand Ditch Company. If Applicant elects to use this <br />£orr.~ula, he will have a duty to see that diversions under the <br />Left Hand Ditch Compan}• system are measured on a monthly <br />basis and reported to the Division engineer for use in the <br />application o£ the formula. Since all diversions under this <br />alternative will be historic stream depletions, Applicant may <br />use, reuse, successively use, or dispose of all such water to <br />extinction. <br />8. If the underground mine workings are subject to signifi- <br />cant amounts of seepage loss, applicant intends to divert his <br />full pro rata share of diversions at the alternate point of <br />diversion. Any and all return flows from the milling opera- <br />tions will be adequately treated, and all seepage and return <br />flows will return to Left Hand Creek_ Under this alternative, <br />no more than 708 of the amount diverted shall be consurc.ed by <br />Applicant. <br />18. The lands historically irrigated by said 20 shares will <br />no longer be irrigated by said shares. (See Exhibit A.) <br />19. Applicant reserves the right to lease any excess water <br />to the Left Hard Ditch Company or third parties until needed for <br />the subject mining operations. Said water will be made available <br />through the Left Hand Ditch Company's present points of diver- <br />sion. <br />20. Applicant will install a continuous recording measuring <br />device at the alternate point of diverson and will provide neces- <br />sary access as required by the Left Hand Ditch Company and the <br />water officials of the State. <br />21. Applicant will remain a shareholder in the Left Hand <br />Ditch Company and pay all shareholder assessments on his 20 <br />shares in the future. <br />22. No material injury to vested water rights mill occur by <br />virtue of this chance of water rights. <br />5 <br />