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y <br /> user who would otherwise be using water from <br /> upstream storage at that time. The Applicant <br /> will thus gain a credit in upstream storage in an <br /> amount equal to the downstream diversion, <br /> adjusted for transit losses. <br /> ( ii) During periods of dry surface mining (when no pit <br /> drainage water is delivered to the river) , the <br /> stream depletion resulting from prior dewatering <br /> operations will be replaced from upstream <br /> storage . The storage rights utilized for this <br /> purpose will be comprised of both <br /> (a ) those acquired pursuant to the plan of <br /> exchange in ( i ) above , and <br /> (b) those owned by the Applicant and defined in <br /> Paragraph 7 ( b) of this plan. <br /> 9 . Responsibility for Augmentation Plan. The subject <br /> property is solely owned by Bestway Paving Company . Responsibility <br /> for administration of this plan will be with the Applicant, its <br /> successors and assigns . <br /> 10 . Historic Depletion. The gross depletion of the total <br /> water supply incident upon the 75 acre parcel located in the NE <br /> 1/4 of Section 2 , T . 5 N . , R . 66 W. , located northwest of Greeley , <br /> is approximately 96 .0 acre feet per year. <br /> 11 . Future Depletion . The gross depletion of the total water <br /> supply incident upon the 75 acre parcel after final development of <br /> the new land use pattern 20 to 25 years from the present will be <br /> approximately 96 .0 acre feet per year. <br /> CONCLUSIONS OF LAW <br /> 12. This Application was filed with the water clerk <br /> pursuant to C. R. S . 1973 , § 37-92-302( 1) (a ) , and one Statement <br /> of Opposition has been filed within the time permitted by law. <br /> C. R. S. 1973 , §37-92-302( 1 ) (c ) . <br /> 13 . The referee has considered all matters provided by law for <br /> approval of a Plan for Augmentation, particularly as found in <br /> C. R. S. 1973 , 537-92-307 , as amended. <br /> -0- <br />