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Application of Bowie Resources, LLC Case No. 02CW77 Ruling of Referee and Decree Page 12 J. Applicant will provide augmentation and replacement water necessary to meet the lawful requirements of senior appropriators, to the extent such appropriators will be deprived of water by Applicant's out-of-priority depletions from its activities at the Bowie No. and No. 2 Mines (a "valid call"), in the following manner: i. When there is a valid call during the Irrigation Season Call Period, depletions from the Applicant's mining operations and evaporative losses from the Bowie Sedimentation Ponds shall be augmented by the Deer Trail Depletion Credits and the Farrer's Ditch Depletion Credits. To the extent these Depletion Credits are not sufficient to augment all of Applicant's depletions during the Irrigation Season Call Period, Applicant will release such additional amounts as are available for its use from its East Beckwith Reservoir No. 1 storage right to augment its remaining depletions, at the rate of 2.44 AF of releases for each I.0 AF of depletions, subject to adjustment of transit losses as set forth in Paragraph 14.G.v., above. The maximum depletion credits and reservoir releases during the Irrigation Season Call Period are • shown on the Water Balance attached as Table 6. These credits and releases will fully augment and replace depletions from the Applicant's mining operations and evaporative losses from the Bowie Sedimentation Ponds during the Irrigation Season Call Period, regardless of whether the call comes from downstream senior rights on the North Fork of the Gunnison River or from the Redlands Call. ii. In the event of a Redlands Call during periods other than the Urigation Season Call Period, Applicant's depletions will be replaced first by Deer Trail Depletion Credits and Farmer's Ditch Depletion Credits, to the extent the Redlands Call occurs in a month during which such Credits exist. To the extent the Deer Trail Depletion Credits are not sufficient to augment all of Applicant's depletions, water will be released from Blue Mesa Reservoir, pursuant to a contract for such water. The amounts released from Blue Mesa Reservoir will include a transit loss of 5% from Blue Mesa Reservoir to the confluence with the North Fork of the Gunnison River. The maximum Depletion Credits and releases from Blue Mesa Reservoir during periods other than the Irrigation Season Cal] Period are shown on the Water Balance attached as Table 6. K. The following procedures and conditions shall apply in implementing the above described augmentation plan: i. As appropriate, Applicant will forgo diversions under its shares of • water in the Deer Trail Ditch Company (or will make diversions at its farm lateral headgate for return of the water to the North Fork of the Gunnison River by way of a structure deemed acceptable by the Division Engineer), in the amount of 0.28 c.f.s. (minus transit losses), but not to exceed the total amount needed to augment and replace its out-of-priority depletions.