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<br />68 CSV 55 <br />Peabody Coal Co. <br />Page 13 <br />ponds under their decreed priorities, with <br />12.2 acre Eeet of consumptive use credits <br />remaining. Table 1 demonstrates that <br />Applicant can meet its remuirements under <br />this plan by utilizing 19 of the 27 shares, <br />leaving 13 shares available to irrigate 35 <br />' acres of the historically-irrigated tract. <br />Applicant shall be entitled to increase its <br />use of water over the amounts se[ for in <br />Table 2 by devoting additional shares out of <br />the subject 27 shares to this plan, and <br />reducing it r. igation of the 79-acne tract by <br />2.7 ac res for each shares so used, as <br />necessary, or by u[il izing the excess con- <br />~~ ~ sumptive use credits shown in Table 1. <br />(3) To provide the required amount of water for <br />ind ustr. ial, mitigation, augmentation; and return <br />flow purposes at each location, Appl is ant_sha11 <br />transfer 8 shares to Calamity Draw, and 6 ,shares <br />. to ~~TUttl e".Draw. If Applicant increases its use <br />of-water under this plan beyond the amounts set <br />~'^ forth in Table 1, in accordance with paragraph <br />• 6.C(2)(d) of Ghis Ruling, the additional shares <br />so utilized shall be similarly transfe rred to <br />appropr. is to turnouts from the Nigh Line Canal. <br />(4) The HPDES Ponds 001-007 will be used to; sto re <br />wa to r~und a"r.;_the it ~oi+n se parate.~dec reed-~~priocities <br />and:~to,,,s to re,.direcLly!..o r.by. exchang e._a.. poctio n, pf <br />"the Hig h„Line, C_anal,.historical consumptive u;e <br />~c~cz3~Ys~need ed fo_r later beneficial -use. The <br />ponds wil l~store 15.3 of per year under ,their <br />priorities. An additional 3.0 of of historical <br />consumptive use water will~be stored in the <br />ponds. Any releases of water from storage for <br />non-consumptive purposes such as mitigation will <br />result in a reclaimable consumptive use credit to <br />the extent of the amount not Consumed. The water. <br />balance, Table 1, indicates the use of storage in <br />meeting the requirements of this plan. <br />(5) The location of the pond s, and water, quality <br />regulations, may prevent the immediate release of <br />surface runoff downstream. Each of the ponds has <br />its own decreed water storage right and pr. io ri[y. <br />IE and when surface water. is stored out-of- <br />priority, this Plan for Augmentation will prevent <br />• <br />REVISED MARCH 2006 Attachment 2.05.3(3}16-34 <br />