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<br />affected by pit dewatering. Since such users "only divert during the historical irrigation <br />season, ...mitigation is only required during this period." Decree ¶ 6.B.(1)(e). Although <br />pit inflow during the imgation season totaled only 24.1 acre-feet at the time of the decree, <br />to offset timing delays, delivery losses and variations in assumed conditions, the quantity of <br />"mitigation water delivery" was conservatively estimated at "approximately tvdce the <br />calculated impact" or 48.4 acre-feetperyeaz. Decree¶ 6.B.(1)(e). This amount ofmitigarion <br />water was to be delivered between April 19 and October 26 of each year (i.e., the historical <br />irrigation season), with the augmentation plan requiring that 45.2 acro-feet be delivered to <br />Calamity Draw and 3.2 acre feet be delivered to Tuttle Draw during this period. Decree ~ <br />(4) Industrial Water Use Under the Augmentation Plan <br />The decree also sets forth what.constilutes "industrial use" under the augmentation <br />plan. Industrial use "consists of evapomfion from the ponds and application of water to the <br />soil far compaction and dust suppression within the mine areas." Decree 9 6.B.(2)(b). Both <br />evaporative losses from the ponds and water requirements for soil compaction and dust <br />suppression are consideredto be"100%consumptive"under theairgmentation plan. Decree <br />¶ 6.B.(2)(c)-(d). During the historical irrigation season, such uses at the mines are outof- <br />priority and must be augnented with historical consumptive use credits from the changed <br />High Liae Canal water~rights. <br />• ~ (5) Water Supply and Operation of the Augmentation Plan <br />Two sources ofwater are used tinder the augmentationplan to meet the industrial and <br />mitigatoa water requirements discussed above: (1) the 27 shazes in the High Line Canal <br />changed for augmentation and industrial uses; and (2) Ponds 001, 002, 004, 005, 006 and <br />007. Decree ~ 6.C.(1). ".Water stored in or diverted from the NTPDES Ponds during the <br />hrgation season will be out-of-priority, acrd will be augmented by releases of historical - - <br />consumptive use from the subject 27 shares." Decree 9 6.C.(1). However, during those <br />times when the historical consumptive use credits associated with the 27 shares are <br />insufScient or when the Colorado Co-operative Company is not diverting water for its <br />shareholders, the decree provides that mitigation and industrial water needs will be met by <br />`4rtilizing storage sources.^ Decree 9 6.C.(2)(c). <br />When historical consumptive use credits attributabte to the 27 shares are "available <br />in excess" ofindus[rial and augmentation water requirements, the decreepermits the storage <br />of such surplus historical consumptive use credits in the ponds. Decree 9 6.C.(2xc). Such <br />excess consumptive use credits may be stored in the ponds either "directly or by exchange" <br />for "later beneficial use." Decree ~ 6.C.(4). The decree provides that the ponds will store <br /> <br />REVISED MARCH 2006 Attachment 2.05.3(3}16-13 <br />