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.• Case No. 95C719 Findings of Fa r[e aad Ful, ng of Referee Page 5 Applicant's share of the Last Chance Ditch is 3.0 cfs. 0.57 cfs of the Last Chance Ditch will be reduced from the 50 cfs at the ditch headgate. Excess consumptive-use credits for the historical irrigation season is 1.46 acre feet, and the non-irrigation season replacement will be 12.39 acre feet. There will be sufficient consumptive use credit during the irrigation season to replace evaporative depletions. However, during the non-irrigation season there will be a 12.39 acre feet deficit. To replace non-irrigation season depletions, a contract for augmentation water has been obtained from the West Divide Water Conservancy District for 12.39 acre feet of water. When the above plan for augmentation is implemented, there will be no expansion of historic use and no injury to downstream water users or holders of vested conditional water rights. RULING The Referee has examined the information submitted by the Applicant and has become advised with respect to the subject matter of the Application. He rules as follows: 8. The foregoing Findings are incorporated herein and made part of the Ruling of the Referee. 9. The change of water rights and plan for augmentation proposed by Applicant are such as are contemplated by law. 10. If implemented and administered in accordance with this decree, the change of water rights and plan for augmentation described herein will provide water to offset evaporative depletions from the Loesch Gravel Pit and the Avalanche Canal and Siphon at the Loesch Gravel Pit without adversely affecting the owners or users of vested water rights or decreed conditional water rights. 11. The change of water rights and plan for augmentation described herein may be lawfully decreed by this Court.