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(7E:-1-2006 10:04 FROM: BENSON E3R0TI-SRS 9'70 835 8567 70:8743161 <br />10. Applicantwill use up to 5000 gallons of wale pa day for 100 days p~ year for an <br />atnmal total diversion of 1.532 acre-feet from BB Seep. Water from BB Seep will be pumped <br />Tmm the seep and sprayed upon Applic®Ys ttetrby rock quarries to suppress dolt from quarry <br />operatives in accordanrx with regulatory permitting tcgtlir. Applicant's proposed use is <br />considered 100°11 coosmnptivc. Total anatml weber demand is estimated to be 1.532 acro-feet for <br />such iadustrisi dust stippression use. Ttat~sit h>sses for replecemetrt wa6rr to the point of <br />depldion ere estimated to be 1%per rniie for 6 miles, or a total trat>9it loss of 0.092 acre feet. <br />See Water Demand table truactted as Fadtibit B. Ora-of-priority depletions wilt be aagmerted <br />from 1.75 acre foot of water stored. in Upper Eggleston rake and Arch Slongh available to the <br />Applicant under a 10-year lr~;e from GMWCD as mole particularly descn'bed above, with <br />releases to Ward Creek. <br />R 'G <br />;. Applicant's request for a dtxrce for BB Seep for 3.47 gallons of water per minttbe (0.007 <br />. c.fs.) for industrial use far rock quarry dust sitpptession, not to exe«d 100 days per year <br />and noon excced an annual diverdon of 1.5342 acts-feet, with ao appropriation date of <br />March 2, 2006, CONDTI70NAL, is hereby GRAIVTID, with edjudicacon date 2006. <br />2_ BB Seep is supplied from drai~ge and seep water fr~ oval mining worlongs located <br />about BB Seep. ApplicanYS supply includes water naturally draining fYart mine Portals <br />above BB Seep, but shall not include water pumped out ofthe mine por~als- <br />3. Applit~' request for approval of the phru for attgate~ation for the release to Ward <br />Creelr of up m 1.75 acre feet of wattx annually 5ont Upper F~gglessoon Trek ~ Arch <br />Slough tb rephrce oat-of-priority diversions from BB seep, all as mote Partitoilarly <br />deserted bereiaabove, is hereby GRANTED. <br />4. Relemaes of eagmmffition water shall be mac by the State , acmrg tbivugh the <br />Division fur' for Water Division No. 4 at such times as he deems appropriate and in <br />quantifies stifficiem to replace such diversions of water from BB Seep. <br />5. Pursuant to C.RS_ 37 92-502(Sxa), Appliturot shall, at his own expense, measurs <br />diversions from $$ Seep and provide accounting as requiocod by the Division F~ginear fox <br />the operation of this attgmearmion plan. Applicant shall ripon teque~, file au annual <br />report wiW the Division Engimeer by November l5 of each year S diversions <br />and replxemeats made under the atrgmaoomtion. <br />6. Yrnsrraot to C.itS. 37-92-305(8), the Suae TOgineer shall autm7 ell out-of-priotiry <br />diversions the depletions from which ate rwt 5o xeptawd a+ to Prevent injury to vested <br />water rigtrts. Applicant rmdersffirds that the Lease supply is only for a period of 10 Yeats <br />(with one automatic renewal for an additioml 10.year bent, subjectto eseedatton ofthe <br />rcpt) and if such lease sbnuld expire, far? to be renewed, err is otherwise terminaud, and <br />an ahernative source of rephtoemeat water ie not included in this detsee by proper <br />3 <br />P:3~3 <br />