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<br />August 08, 1990, based on the work performed at its mine to <br />quantify and design the proposed exchange, commencement and <br />completion of water rights adjudication proceedings for use of <br />the water sources described above, and the filing of this <br />application. The maximum rate for the requested exchange rights <br />will be the decreed rates of flow for those Ditch Rights being <br />stored. To the extent that any out-of-priority depletions are <br />replaced to the Trout Creek system at points downstream of the <br />actual depletion, applicant requests an appropriative right of <br />exchange with an appropriation date of August O8, 1990, based on <br />the work performed at the Foidel Creek Mine to design and <br />quantify this augmentation plan and the filing of this <br />application. <br />f. Evaporation Loss: Applicant will augment <br />evaporation loss from water in storage as determined by the <br />Division Engineer. <br />g. New Sources of Mine Water: The water rights to be <br />augmented include new sources of water encountered during mining <br />which will be controlled and put to beneficial use as described <br />in paragraph 2.c above. Applicant proposes that these sources of <br />water be subject to augmentation in accordance with the decree <br />entered in this case and the Original Decree, without any <br />requirement that applicant amend, republish or reopen this <br />action, or otherwise provide notice of its use of such additional <br />sources of water, so long as accurate accounting for such water <br />is maintained. <br />h. No Iniurv_to Vested Riahts: Applicant asserts <br />that the water rights of the intervening users between the site <br />of depletion and the sites of replacement for the proposed <br />exchanges will not be injuriously affected. The requested <br />exchanges will be operated only if there is no injury to <br />intervening water rights senior to August 08, 1990. Pursuant to <br />Colo. Rev. Stat. § 37-92-304(6) (Supp. 1989), applicant proposes <br />that the Court specify in its final decree a time period within <br />which said decree shall remain subject to reconsideration on the <br />question of injury to the vested rights of others. <br />i. Right of Transfer or Sale: Applicant seeks the <br />right to transfer, sell, or dispose of any excess augmentation <br />credit which is not needed to replace out-of-priority depletions. <br />j. Reuse: Water stored pursuant to this plan for <br />augmentation will be fully consumable by applicant, and may be <br />used, reused, and successively used to extinction for all <br />beneficial purposes, including augmentation, replacement, and <br />exchange. <br />k. Accounting: Applicant proposes to keep accurate <br />measurements of all diversions into and releases from storage and <br />-14- <br /> <br />