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1 <br /> ' be diverted by a downstream water user who would other- <br /> wise be using water from upstream storage at that time. <br /> ' The Applicant will thus gain a credit in upstream storage <br /> in an amount equal to the downstream diversion, adjusted <br /> ' for transit losses. <br /> (ii) During periods of dry surface mining (when no pit <br /> I, drainage water is delivered to the river) , the stream <br /> depletion resulting from prior de-watering operations <br /> (' will be replaced from upstream storage. The storage <br /> rights utilized for this purpose will be comprised of <br /> I, both <br /> (a) those acquired pursuant to the plan of exchange <br /> I' in (i) above, and <br /> (b) those owned by the Applicant and defined in <br /> Paragraph 2 of this plan. <br /> WHEREFORE, the applicant requests this Court to enter findings <br /> I' of fact, conclusions of law and a decree approving the plan for <br /> augmentation. <br /> I' Respectfully submitted, <br /> VRANESH AND MUSICK <br /> 1 <br /> By <br /> ' ay a B." Schroeder (2447) <br /> P. O. Box 871 <br /> Boulder, Colorado 80306 <br /> (303) 443-6151 <br /> 1-800-332-2701 <br /> ATTORNEYS FOR APPLICANT <br /> I' <br /> i <br />