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_.~ ~ Ruling of Referee Colorado Rivers Edge - 00 CW 244 Page 8 (I) Applicant is entitled to claim depletion credits for the removal of 10.0 surface acres of phreatophytes, including cottonwoods, tamarisks, and willows, from the azea where Custom Crushing Pit No. 3 will be excavated. Credits are claimed from April 16 through October 31 of each yeaz in the amount of 20.52 acre feet per yeaz, or 2.05 acre feet per acre. The Water Balance tables attached hereto as Tables A-1 and A-2 show the phreatophyte consumptive use credits for each month of the growing season. These phreatophyte consumptive use credits, which may be used to offset evaporative depletions replacement obligations, shall be refereed to herein as the "Phreatophyte Credits." ~ (II) Applicant is entitled to claim depletion credits for the removal of 8.00 acres of additional native vegetation, consisting lazgely of sage brush, salt grass, rabbit brush, and low growing shrubs, from the azea whei,e Custom Crushing Pits Nos. 2 and 3 will be excavated. Three (3.0) acres of native vegetation are attributable to the planned surface azea of Pit No. 3, and 5.0 acres of native vegetation are attributable to the planned surface area of Pit No. 2. Credits azeclaimed from April 16 through October 31 of each year in the amount of 2.32 acre feet per yeaz, or 0.29 acre feet per acre in connection with the removal of this,additional native vegetation. The Water Balance tables attached hereto as Tables A-1 and A-2 show the native vegetation consumptive use credits for each month of the growing season. These native vegetation consumptive use credits shall be referred to herein as the "Native Vegetation Credits". The 8.0 acres of native vegetation is located over portions of the Phase III mining azea. (III) As indicated in Pazagraph 14, above, Applicant owns 2.03 shazes of the stock of the Grand River Ditch Company. Applicant's mining activities at the Custom Crushing Pit No.l will remove from irrigation 12.5 acres of grass hay that historically have been irrigated by the Lower Cactus Valley Ditch. The 12.5 acres of historically irrigated land is located in the Phase II mining area. The 2.03 shazes of the Grand River Ditch Company owned by Applicant have historically provided a full irrigation water supply to these 12.5 acres of land, resulting in an average historic consumptive use of approximately 2.08 acre feet per acre per yeaz, or 25.99 acre feet per yeaz for the entire 12.5 acres. Applicant claims consumptive use credits in such amounts, referred to herein as the "Lower Cactus Valley Ditch Credits". The consumptive use was calculated using the NRCS computer program entitled "The Irrigation Water Requirements Beta 3.0 program" ("IWR Beta 3.0 Program"). The Water Balance tables attached hereto asTables A-1 and A-2 show the Lower Cactus Valley Ditch Credits spread over the irrigation season of April 15 through October 31. '