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.~ <br />~• be measured at the Dry Fork Gauge and/or the Lick Creek Gauge <br />it the creeks were unaffected by mining activity or other <br />manmade controls or alterations. <br />16. To determine whether any depletion has occurred, <br />' the expected llow in the basin or basins under which retreat <br />mining is in progress (i.e., Dry Fork and/or Lick Creek) is <br />compared with the actual flow for that stream. <br />a. The actual flow for Dry Fork is calculated in <br />accordance with the equation designated for that purpose in <br />1 Exhibit C, which calculation adjusts the measured flow at the <br />Dry Fork Gauge to add the change in storage in Monument <br />Reservoir and delete the transbasin Deep Creek diversion. <br />' b. The actual flow in Lick Creek is equal to the <br />measured flow at the Lick Creek Gauge, since there is no <br />reservoir or transbasin diversion to affect flow. <br />17. If the measured flow is less than the expected <br />flow, a stream depletion is assumed to have occurred. Water <br />shall be provided to Minnesota Creek in accordance with this <br />augmentation plan when the methodology of the plan discloses <br />the existence of an assumed stream depletion and: <br />a. the depletion is out-of-priority, based upon <br />the priority date of this plan for augmentation; <br />b. retreat mining has occurred beneath the <br />natural basin of Minnesota Creek and its tributaries; <br />and <br />c. a valid downstream call for water, under an <br />adjudicated priority senior to and preceding the date of the <br />application herein exists; and <br />J d, providing the replacement would make water <br />available to the senior right in the time and at the place of <br />l his need. <br />1 Applicant's augmentation obligations under this plan shall be <br />limited by the historic entitlements of the valid senior <br />1 calling right. Applicant shall not be required to meet any <br />demand, or portion thereof, resulting from any enlarged use <br />of water over historic levels oP diversion and beneficial use <br />by such senior priority, as those levels of diversion and .use <br />existed on the priority date of this plan for augmentation. <br />18. No depletion caused by Applicant's mining <br />1 activities, as disclosed in accordance with the methodology <br />approved herein, need be replaced if the calling water right <br />has a priority junior to the priority date of this plan for <br />1l• _5_ <br /> <br />