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<br />Fish Creeks, which are all tributary to the Yampa River. <br />Applicant currently uses water for dust suppression in its mining <br />operations, on haul roads, and at the tipples. Such use is <br />necessary for compliance with applicable air pollution control <br />laws and regulations. In addition, applicant uses water for <br />drinking and sanitary facilities, general industrial uses, <br />irrigation, reclamation, stock watering (including ponds for wild <br />animals), domestic, and all other beneficial purposes associated <br />with mining operations. A line diagram showing the locations of <br />the Ditch Rights is attached as Exhibit B. A map showing the <br />locations of the Storage Rights and underground rights described <br />in paragraphs 2.a and 2.b, above, is attached as Exhibit C. <br />b. Amount: Total diversions by applicant are <br />estimated to be 1400 acre feet annually, with an estimated <br />consumptive use of 400 acre feet annually. The actual amount of <br />diversions and consumptive use may vary from year to year. <br />c. Amendment to Augmentation Plan Including Exchange; <br />By this amendment, applicant proposes to add the following to the <br />Original Decree: (1) additional water rights to be augmented <br />(Underground Rights), (2) additional direct flow augmentation <br />water rights (Ditch Rights), and (3) additional storage <br />reservoirs (Storage Rights). The provisions of the Original <br />Decree will remain in full force and effect but will include the <br />water rights and structures added by this amendment. Pursuant to <br />paragraph 14 of the Original Decree, the amount of historical <br />consumptive use of the direct flow water rights described in <br />paragraphs 3.a and 3.b above will be changed to storage for later <br />year round use in mining, reclamation, irrigation, electrical <br />generation, fish propagation, and all other beneficial uses. The <br />water right described in paragraph 2.a, 2.b, and 2.c above may be <br />used as alternate points of diversion for the Ditch Rights. <br />Finally, the places of storage of each of the changed Ditch <br />Rights may include any and all of the Storage Rights. <br />d. Clarification of Original Decree: Applicant <br />requests that the Original Decree be clarified to provide <br />explicitly for the replacement of depletions cause by out-of- <br />priority diversions from the Underground Rights with releases of <br />water from the Storage Rights. Applicant requests that the <br />original Decree be clarified to allow for out-of-priority storage <br />of water in the Storage Rights, so long as such diversions to <br />storage are augmented pursuant to this plan. Water so stored may <br />then be used as specified in paragraph 14.A of the Original <br />Decree. <br />e. Exchange: Applicant proposes to store water for <br />augmentation purposes in any one or a combination of the Storage <br />Rights in exchange for water introduced in the Trout Creek stream <br />system from the Ditch Rights. Applicant requests an <br />appropriative right of exchange with an appropriation date of <br />-13- <br /> <br />