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~ )~ <br />Ruling of Referee <br />Colorado Rivers Edge - 00 C W 244 <br />Page 10 <br />(IV) When there is a valid call, evaporative depletions from the Custom <br />Crushing Pit No. 3 will be offset by the Phreatophyte Credits and Native Vegetation <br />Credits attributable to this Pit. Any remaining evaporative depletions from Pit No. <br />3 and all other depletions from Pit No. 3 will be augmented and replaced with the <br />remaining Lower Cactus Valley Ditch Credits, if any, and the Last Chance Ditch <br />Credits. <br />(V) Any ofthe Depletion Credits, together with'their associated shazes and <br />direct flow rate, not needed or used for augmentation or'replacement of depletions <br />from the Custom Crushing Pits when there is a valid call will be retained for future <br />use by Applicant. Such credits may be used to replace and augment additional <br />depletions that may occur as a result of additional mining activities on Applicant's <br />property, or they may be used, sold, or leased for other purposes. Such credits may <br />only be used as approved by the water court under a subsequent application. <br />F. The Applicant proposes the following procedures for implementing this <br />augmentation plan: <br />(I) Before the Phreatophyte Credits or Native Vegetation Credits are <br />available for augmentation and replacement purposes, Applicant shall permanently <br />remove phreatophytes and other native vegetation, and shall report to the Division <br />Engineer the number of acres and location of the land from which the phreatophytes <br />and other native vegetation have been permanently removed. When such lands aze <br />identified to the Division Engineer, the Applicant shall Have Phreatophyte Credits <br />available on a monthly basis in an amount equal to 2.05 acre feet per acre times the <br />number of acres identified to the Division Engineer from which phreatophytes have <br />been removed for Custom Crushing Pit No. 3 and 0.29 acre feet per acre times the <br />number of acres identified to the Division Engineer from which additional native <br />vegetation has been removed for Custom Crushing Pit Nos. 2 and 3. The lands <br />associated with the Last Chance Ditch Credits have already been removed from <br />irrigation, so all of its associated Depletion Credits aze available immediately. In <br />addition, the lands associated with the Lower Cactus Valley Ditch shall be <br />permanently retired from irrigation effective with the date of this Ruling, and all of <br />its associated Depletion Credits shall also be available immediately. <br />(II) Applicant's 50 shares in the Loesch & Crann Ditch Company aze <br />equivalent to approximately 0.85 c.f.s. of the Last Chance Ditch water right. When <br />replacement of depletions using such rights is required, such amounts as are <br />attributable to Applicant's shares will be diverted into the Last Chance Ditch at its <br />headgate and carried through the Ditch to their historic point of withdrawal at the <br />