Laserfiche WebLink
<br />for the purposes hereof to be .267 acre feet for each acre which <br />impounds water) will be delivered to the stream to replace <br />precipitation losses from the tailings area and ore zones, subject <br />to paragraph 2 {a) hereof. For the months of May through October, <br />replacement of precipitation on these areas shall then be made in <br />the week following such precipitation pursuant to Curve 82 of <br />Technical Release No. 55, Procedures for Determining Peak Flows in <br />Colorado, published March 1977 by the United States Department of <br />Agriculture Soil Conservation Service. A copy of said Curve 82 is <br />attached hereto. These quantities shall be augmented as provided <br />herein. These changes in the method for augmenting precipitation <br />from the method contained in the Stipulation between Applicant and <br />the State are subject to approval by the State and such approval <br />shall be sought by all parties hereto. _ <br />(e) Applicant shall calculate and determine the surface area <br />of any free water surface in each of the ore zones which is subject <br />to evaporation depletions, and provide evidence thereof as <br />requested by the Division Engineer. The total quantity of <br />evaporation shall be determined utilizing the data obtained from <br />the evaporation pan, and this quantity shall be augmented as <br />described herein. <br />(f} At any time, Battle Mountain may elect to acquire water <br />rights within Rito Seco to satisfy continuing augmentation <br />requirements, and may seek judicial approval of such, augmentation <br />in a separate proceeding. <br />3. Applicant's replacement or augmentation water shall be <br />:; + delivered to the Rito Seco at the headgate of the Salazar Ditch, <br />which is located on the northwest bank of Rito Seco in the SE-1/4 <br />SE-1/4 Section 25, T. 325, R.72 W of the 6th P.M. in Costilla <br />county, or within 100 feet upstream thereof. However, if the <br />owners of the property, across which the pipeline necessary to <br />deliver water to that location would reasonably be located, do not <br />voluntarily grant the necessary rights of way then Applicant shall <br />deliver its replacement or augmentation water to Rito Seco as close <br />to Applicant's downstream property line as feasible. <br />4. Applicant shall install and maintain at its expense meters <br />and measuring devices to quantify the water taken from the ore <br />zones as a result of Applicant's dewatering activities. <br />5. In no event shall any retained jurisdiction of this Court <br />be invoked to reduce the total quantity of augmentation water that <br />Applicant has agreed to provide as set forth in this Stipulation. <br />6. In the event that Applicant proposes to establish a <br />continuing regimen of augmentation requirements for depletions <br />which will continue to occur after it has concluded its mining <br />operation, different from that stipulated herein, such regimen <br />shall be subject to approval by Opposer and the State Engineer, or <br />4 <br />