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~ 1 Ruling of Referee Colorado Rivers Edge - 00 CW 244 Page 6 (50 shazes x 0.017 c.f.s. per shaze) and have provided a full imgation supply to 30.85 acres of land which have been removed from irrigation, as more fully described in Pazagraph 15, below. i 15. Statement of Plan for Augmentation and Changes Sought. A. The Custom Crushing Pits are three proposed gravel pits located on lands owned by Applicant. Mining operations will be conducted when~necessary and could occur at any time of the yeaz. Applicant estimates that a maximum of 100,000 tons of material will be mined each yeaz until the gravel is mined out. Applicant will obtain a permit from the Colorado Division of Minerals and Geology in connection with its proposed mining operations. The Custom Crushing Pits will intercept groundwater, and mining operations will result in the formation of three ponds with a total maximum exposed water surface azea of 23 acres. Water may be pumped from these ponds and used on-site for dust suppression and aggregate washing. Depletions will occur from these dust suppression and aggregate washing operations. In addition, depletions will occur from evaporation from the ponds and from product moisture loss related to moisture in the mined material. During mining, the Pits will also be dewatered, with the water being dischazged to~the Colorado River. The amount of product mined and the mining operations period may vary from yeaz to yeaz. The augmentation plan as approved herein shall allow for changes iri the pond sizes, the scope of the mining operations, and the time period of the mining operations without the necessity of amending this augmentation plan. However, the Plan for Augmentation shall be limited to the total projected depletions identified in this Ruling. Any change in the mix and/or timing of uses must be contingent upon submission of revised corisumptive use estimates to, and approval by, the Division Engineer. B. The Colorado River is considered over-appropriated, and a call may occur anytime during the irrigation season of April 15 through October 31 of each yeaz, which is the historic call period (the "Historic Call Period"). Applicant has developed this augmentation plan to replace out of priority depletions during the Historic Call Period. The water rights claimed for the Custom Crushing Pits have historically been in priority from November 1 through April 14, and no augmentation or replacement of depletions shall be required during those months, unless required to satisfy a valid call. i C. Water diversions and depletions from the Custom Crushing Pits, at full operation and build-out, will be as follows: i (I) Water will evaporate from the exposed water surface areas of the Custom Crushing Pits. Net evaporative depletions from the Custom Crushing Pits from a total exposed water surface area of 23 acres will be 69.43 acre feet per yeaz,