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<br />an "additional 3.0 [acre-feet) of historical consumptive use water" per year for subsequent <br />use. Decree ~ 6.C.(4). Any releases of water from stomge for nonconsumptive purposes, <br />such as mitigation water, results in a `feclaimable consumptive use credit [o the extent ofthe <br />amount not consumed." Decree ¶ 6.C.(4). <br />Under the augmentation plan, "carriage losses" attributable to the 27 shares, in an <br />average amount of 76.5 acre-fee[ per year (28%), are required to be left in the High Line <br />Canal and may not be used. Decree~¶ 6.C.(2xa). Historical return flows attributable to the <br />27 shares, in an average amount of 99.0 acre-feet per year, must be "retained to the surface <br />water system" by transferring a sufficient number of shares `Yo tumours from the High Line <br />Canal at Calaadty Draw and Tuttle Draw." Decree y 6.C.(2)(b). This amount, which also <br />may no[ be used, is intended `Yo provide augmentation for Applicant's out-of-priority <br />industrial use, deliver mitigation water, and maintain historical retain flows from the shares <br />utilized" in the augmentation plan. Decree 9 6.C.(2)(b). <br />Based on the calculated historical consumptive use ofthe 27 High Line Canal shares <br />.(as discussed in Section IA., above), the decree contemplated thatihe mines would "use 97.7 <br />acre-feet" but only "coasitme 49.3 acre-fee[ pet year under this plan for augmentation"~ <br />Decree 9 6.B.(3). The decree determined that the 49.3 acre-feet per yeaz consumed for <br />industrial purposes "can be met by utilizing only 14 of the 27 shares." Decree q 6.C.(2)(d). <br />Regarding consumptive use, the `water balance"set forth in Table 1 to the decree showed <br />that the mines~would "use 38.3 acre-feet of historical consumptive use from the 14 shares, <br />• plus 15.3 acrd-feet stored in the ponds tinder their decreed priorities, with 12.2 acre-feet of <br />consnmpfive use credits remaining." Decree q 6.C:(2xd). <br />In addition, the decree states that the "location of the ponds, and water quality <br />regulations, may prevent the immediate release of surface nmoff downstream." Decree <br />6.C.(5). Stuf'acen%offcaptmedbythepondsduringfhehistoriciaigationseasonconstitutes <br />otrt-of-priority storage of water. Hence, any "stuface rtmotP' that is captimed by the ponds <br />and stored out-of-priority to the injtuy of other water rights, as determined by the Division <br />Engineer, must be released downstream either firom the ponds or from available historical <br />consumptive use credits to compensate for such injtuy. Decree ¶ 6.C.(5)(a}{d). <br />All 27 of the subject shares were changed for use `Yo supply Applicant's mitigation <br />and indusrial waterrequirements andtoreplaceout-of-priority depletions underthis plan for <br />augmentation." Decree y 6.C.(2)(c). As mentioned above, however, only 14 of those shares <br />' The 97.7 acrofeet use &gure includes the 48.4 acre-feet of mitigation water detemined <br />to be necessary to compensate for annual pit dewateriag as well as the 49.3 acre-feet of amual <br />consumptive use associated with industrial purposes at the mine. <br />-I <br />REVLSED MARCH 2006 Attachment 2.05.3(3)-16-14 <br />