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Application of Bowie Resources, LLC <br />Case No. 02CW77 <br />Ruling of Referee and Decree <br />Page 9 <br />augmentation plan, the higher number of 5,000 gpd has been used, or 5.60 acre feet per yeaz. <br />Wastewater from this domestic use is treated by a septic tank/leachfield system. Consumptive <br />use has been calculated at the rate of 15% of the water diverted, or approximately 750 gpd, or <br />0.84 acre feet pec year. <br />C. In addition to its industrial and domestic water uses associated with its <br />operation of the Bowie No. 2 Mine, Applicant makes additional diversions and depletions in <br />connection with the Bowie Sedimentation Ponds. These Ponds intercept area surface runoff <br />below the Bowie No. 1 and No. 2 Mines and detain such runoff to allow any suspended <br />pollutants to settle out prior to the release or other dischazge of the water from the Ponds. Each <br />of the Bowie Sedimentation Ponds has or will have an emergency spillway and an outlet pipe. <br />The normal water surface elevation will be maintained at the level of [he outlet pipe. <br />Immediately following storm events the water level maybe higher, but only for a short period of <br />time.. Water is discharged from the outlet pipes of each of the Ponds shortly after it is collected <br />• and is transported through a ditch or ravine directly to the North Fork of the Gurmison River. <br />The only consumptive uses from the Ponds will be evaporation losses. The total annual <br />evaporation from the thirteen Bowie Sedimentation Ponds will be 6.07 acre feet. This rate is <br />based on a normal pond surface area for the thirteen ponds of 2.29 acres and a net pond <br />evaporation rate of 31.62 inches per year, or 2.65 acre feet/acre per year. The surface areas of <br />each of the Bowie Sedimentation Ponds is shown on Table 1. The monthly distribution of the <br />evaporation from the Ponds is shown on Table 4, attached hereto. <br />D. Applicant's water requirements and depletions are summarized on Table 5, <br />attached hereto. <br />Water Available jor Augmentation Pty doses <br />E. Applicant owns or controls 90.6% of the Class 1 shares in the Deer Trail <br />Ditch Company, which entitle it to 1.13 c.f.s. of the 1.25 c.f.s. decreed to Deer Trail Ditch, <br />priority 25. Applicant has historically used this water right to irrigate approximately 43 acres of <br />orchards near Bowie. The ratio of diversions to irrigated lands is 1 c.f.s. per 38 acres. The <br />consumptive use attributable to the shares is 1.56 acre feet/acre for 43 acres, or 67.1 acre feet pet <br />yeaz. In Case No. 99CW263, Applicant dedicated 0.85 c.f.s. of its Deer Trail Ditch Company <br />water rights under its Class 1 shares to replace flows in Hubbard Creek, which equates to 32.3 <br />imgated acres and 50.4 acre feet of historic consumptive use per year. Accordingly, Applicant <br />has 0.28 c.f.s. available for augmentation in the present case, which is equivalent to 10.7 acres of <br />. irrigated land and 16.7 acre feet of historic consumptive use per year ("Deer Trail Depletion <br />Credits"). The Water Balance attached hereto as Table 6 shows the Deer Trail Depletion Credits <br />spread over the irrigation season. <br />