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I I. Peabody has contracted with the Upper Yampa Water Conservancy District for <br />50 acre-feet of water stored in Stagecoach Reservoir. Such water will be <br />available as necessary for release during the non-irrigation season to replace <br />Peabody's out-of-priority depletions with respect to the Yampa River. <br />12. It is recommended that Peabody submit an application for a plan for <br />augmentation, as described herein, with the District Court for Water Division <br />No. 6, The plan for augmentation will allow Peabody to develop water supplies <br />for operation of the Seneca II-W Mine. <br />13. The implementation of the plan for augmentation recommended herein should <br />be adequate to protect the water users on Dry Creek, Sage Creek, and Yampa <br />River from injury. Available replacement supplies exceed the expected water <br />depletions caused by mining activities at the Seneca II-W Mine. <br /> <br /> <br />18 <br />