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Mark A. Steen <br />s2. Applicant shall be entitled to divert his pro rata share <br />cf eater at this alternate point of diversion at a maximum rate <br />of 50 g.p.m. and only during the histcric irrigation season of <br />the Left Hand Ditch Company (Acril 1 to October 31). ;,pplicant <br />shall be entitled to store this water in presently unused under- <br />ground mine workings owned by Applicant located in Section 12, <br />Township 1 North, Range 72 S•:est, 6th P.M., Boulder County. <br />33. The consumptive use associated with Applicant's mining <br />and milling operations shall be calculated in accordance with <br />paragraph 12 of this decree. <br />34. The Applicant is entitled to divert water at the <br />alternate point of diversion under one of the two following <br />alternatives: <br />A_ If the underground r~~ine wcrkings referenced in Paragraph <br />16 are not subject to significant amounts of seepage loss, <br />as anticipated, Applicant intends to divert only the <br />historic stream depletions associated with the said 20 <br />shares. Under this alternative, that amount of water <br />historically diverted but not consumed will be left in the <br />stream. Applicant shall be entitled to divert a minimum of <br />10.4 acre feet per year. A formula which may be used to <br />determine the total amount of water which Applicant may <br />divert including the 10.4 acre feet minimum in any one year <br />under this alternative is as follows: 0.70 times the number <br />of Left Hand shares owned by Applicant times the amount of <br />water actually diverted per share by the Left Hand Ditch <br />Company. If Applicant elects to use this formula, he will <br />have a duty to see that diversions under the Left Hand Ditch <br />Company system are measured on a monthly basis and reported <br />to the Division Enoineer for use in the application of the <br />formula. Since all diversions under this alternative will <br />be historic stream depletions, Applicant may use, reuse, <br />successively use, or dispose of all such water to <br />extinction. <br />B. If the underground mine workings are subject to signifi- <br />cant amounts of seepage loss, applicant intends Eo divert <br />his full pro rata share of diversions at the alternate point <br />of diversion. Any and all return flows from the mining and <br />milling operations will be adequately treated, and all <br />seepage and return flews will return to Left Hand Creek. <br />Under this alternative, no mere than 70a of the amount <br />diverted shall be consumed by Applicant. <br />35. The lands historically irrigated by said twenty shares <br />shall no longer be irrigated by said shares. (See Exhibit A.) <br />36. Applicant shall be entitled to lease any excess water to <br />the Left Hand Ditch Company or third parties until needed for the <br />subject reining operations. Said water shall be nade available <br />through the Left Hand Ditch Company present points of diversions. <br />7 <br />