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" / r <br />and case a well or similar device from the surface to a <br />-~ sump below and pump out the diverted water; <br />(c) if a water lose injures a vested senior water <br />right, as defined in this plan to.r augmentation, and <br />Applicant does not promptly cure that water loss through its <br />protection plan, as such protection plan exists now or as it <br />may subsequently be modified, Applicant will make water <br />available under this plan !or augmentation. <br />9. The purpose of this plan Por augmentation is to <br />assure that any out-of-priority stream depletions that may <br />occur in the above-described tributaries of Minnesota Creek <br />as a consequence of subsidence from Applicant's retreat <br />mining operations beneath these tributaries, and that are not <br />cured by action under the protection plan, may be replaced in <br />order that vested senior water rights on Minnesota Creek are <br />not injured. This plan for augmentation provides a method- <br />ology for detecting the occurrence of any such stream <br />depletion and quantifying such loss, if any, and provides <br />augmentation water to prevent any injury to affected senior <br />water rights. <br />10. The existence and extent of any stream depletion <br />will. be determined on the basis of a comparison between the <br />expected stream flow in the affected basin(s) and the actual <br />stream flow therein. If the latter amount is lower, the <br />difference will, subject to the limitations herein, quantify <br />Applicant's out-of-priority depletion and its obligation to <br />' augment. <br />11. The expected stream flow figures will be arrived <br />at by applying fixed "contribution factors," listed in <br />Exhibit B, attached hereto and incorporated herein by <br />this reference, to a set of measurements to be made at the <br />time a determination is called for, in accordance with the <br />equations set forth in Exhibit C, attached hereto and <br />incorporated herein by this reference. <br />12. Three stream flow gauges referred to herein are <br />identified as follows: <br />a. Minnesota Creek Gauge, which Applicant and the <br />t United States Geological Survey jointly installed and <br />maintain: located on the Minnesota Creak mainatem <br />approximately six miles upstream of Minnesota Creek's mouth <br />and just downstream of the confluence of Dry Fork with <br />Minnesota Creek, at the location of a former United States <br />Geological Survey gauging stations <br />' b. Dry Fork Gauge, which Applicant installed and <br />maintains: located on the Dry Fork of Minnesota <br />-3- <br />1 I , <br />