Laserfiche WebLink
<br /> <br />augmentation. The priority date oP this plan !or <br />augmentation shall be April 30, 1986, the date on which <br />Applicant filed its application herein. <br />19. The amount oP water to be replaced when the <br />conditions set forth in the two preceding paragraphs are <br />established shall be the amount of the disclosed <br />out-of-priority stream depletion that otherwise would have <br />been available to downstream calling senior water rights; <br />i.e., the difference between actual flow and expected flow, <br />as determined. in accordance with the methodology herein; <br />provided, however, that the augmentation requirement shall <br />not exceed the maximum depletion that could result from <br />capturing all the flow in the affected basin(s) above the <br />retreat mined area, as defined below. <br />~`- 20. The maximum augmentation requirement referred to in <br />paragraph 19 shall be determined as follows: -. <br />ffr a. the maximum monthly depletion at full <br />ly development of the proposed mine plan shall first be <br />- ascertained from Exhibit D hereto, with the wet, <br />average, or dry year determination made on the following <br />' basis: <br />T-ata 1-Apr i.-1-and-Ma~-f-low-a-t--t h e <br />~• woe of Year Minnesota Creek Gauae <br />Wet Year Greater than 10,000 acre feet <br />Average year Less than 10,000 acre feet, but <br />greater than '7,500 acre feet <br />Dry year Less than 7,500 acre feet <br />b. that figure shall then be reduced to <br />account for the relationship between the area in which <br />retreat mining has occurred and the total mine area, in <br />accordance with the "Maximum Augmentation Payment" <br />formula in Exhibit C. <br />r <br />21. The operations procedure for determining whether a <br />stream depletion exists and whether augmentation is required <br />in accordance with this plan is schematically depicted in <br />Exhibit E. <br />22. When augmentation is required under the terms of <br />this plan, the following water rights controlled by applicant <br />shall be available for augmentation: <br />A. <br />-6- <br />