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

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(as discussed in Secflon LB.(5), above). The remaining 13 shares aze available to augment increased water use at the mines, so long as 2.7 acres of the historically irrigated tract are removed from agricultural irrigation (i. e., "dried up'~ for each additional share so utilized. Given that the decree quantified the per share consumptive use at 3.63 acre-feet per year (as - discussed in Section IA., above), these 13 mused shazes could provide an additiona147.19 acre-fee[ of consumptive use credits per yeaz. Furthermore, Ote consumptive use amomt attributable to the 14 sluues actually devoted to use in the existing augmentation plan was not fully utilized, and 12.2 acre-feet per yeaz of consumptive use credits from those shares are also azguably available to covet any increased water depletions at NII-2. In sum, there may be available for increased use an additiona159.39acre-feetperyear of consumptive use credits order the existing augmentation plan. Assuming that the State or other water users do no[ raise the geographic concern, these consumptive use credits may be available and sufficient to cover the additional evaporative depletions from Ponds 008- 015, augment out-of-priority industrial use ofPonds 008-015 during the historical irrigation season (April 19-October 26), and provide mitigation water for pit dewatering at NH-2. Moreover, the amomt of available consumptive use credits.may, in fact, be even greater than that amomt. It is our mderstanding that reclamation of NH-1 is nearty comptete, which includes reclamation of at least four of the existing ponds; and that,. . following reclamation, it is likety that only Ponds 001 and 006 will remain. The reclamation and removal of the remaining ponds from operation should free up some amomt of • _ consumptive use credits which weredevotedtoevaporativedepletionsassociatedwithOtose ponds. Therefore, upon retiring some of the tlfl-1 ponds from operation, any mused wnsurnptive use credits associatediherewi0t arguably couldbedevoted W o0rerconsumptive uses atNII-2. - Lastly, when completed and applied to use, Ponds 008-015 will provide additional water order their own decreed priorities. Based en Ute analysis underlying the existing augmentation plaq il»s water presumably will be in priority and available for industrial use during dre non-irrigation season (October 27-April ] 8). Hende, when rite Colorado Co- operative Company is not diverting water for its shareholders, water from Ponds 008-01 S should be available for industrial and'other uses at NH-2. B. Arguments in Favor of Amending the Aagmentatlon Plan (1) Geograplric Concero As discussed above, there appearsto be general azguments on both sides as towhether the new mining area at NII-2 where Ponds 008-015 and the new mine pit are situated can be • REVISED MARCH 2006 Attachment 2.05.3(3)-16-17