2007-07-30_PERMIT FILE - C1981008A (24)

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coves depletions associated with out-of-priority industrial water uses at the mines so as to prevent injury to other water rights. Each of these components of the decree is discussed below. A: Change of Water Rights for Augmentation Use . To augment out-of-priority diversions for industrialwaterusesattheNuclaaadNucla East Mines, the augmentation plan changed 27 shares in the High Line Canal from direct flow for irrigation [o "direct flow and storage for irrigation, industrial, mitigation and augmentation purposes." Decree 4 S.A. Because the Nucla and Nucla East Mines were "within the historical service area of the High Line Canal," the decree determined that "no change of place of use or change of point of diversion" was required. Decree ¶ S.B. The historical irrigation season ofthe High Line Canal is April 19 through October 26, and the decree limits use of the water associated with the 27 shares to times when the High Lme Canal ig "otherwise diverting for the benefit of its shareholders." Decree 9¶ 4.A. and S.A. The 27 shares had been used historically for the irrigation of 74 acres ofpasture grass and alfalfa located in the W 12 offfie SW 1/4 of Section 25, T47N, RI6W, NMP.M. Decree Y 4.B. At the time of the decree, approximately one-half of this tract of land was included in the Nucla Mine and was no longer irrigated with the subject shares; however, the remaining ono-half was irrigated by some of the shares at dre time of the decree. Decree 9 4.B. • The decree analyzed tluee components of the High Line Canal water rights sdught to be changed: (1) historical consumptive use; (2) return flows; and (3) and carriage losses. Decree ¶ 6.C.(2). The 27 shares represent a 0.83% pro rata ownership interest in the High Line Canal, which amounts to pro a rata average annual diversion amomt of 273.3 acre-feet per year. Decree 9 4A. The decree determined that historical ditch or raniage losses amounted to 28% or an average loss of 76.5 act~feet per year, and [hat historical return Ilows associated with the 27 shares amounted to an average of 99.0 acre-feet per year. Decree 99 6.C.(2)(a) and 6.C.(2)(b). Therefore, based on historic irrigation practices associated with the 27 shares, the decree calculated that the average annual historical consumptive use of the changed water rights was 97.8 acre-feet per year (or 3.63 acrofee[ per share per year). Decree 9 4.B. This consumptive use figure represents the total annual amount of water that may be fully used or consumed under the augmentation plan: "ApplicantwillonlyusewaterunderthisRuling up to an average consumptive use of 97.8acre-feet per year." Decree ¶ S.E. The use of that amount of water is required to be "in accordance with the Plan for Augmentation" set forth in the decree. Decree q S.E. The augmentation plan is discussed below. • IzEV1ssD MaRCa zoo6 Attachment 2.05.3(3)-16-11