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<br />by the change of Ilse and recharge of Boxelder Ditch Company (Boxelder) water rights owned by <br />DKC. These water rights are Boxelder shares historically used to irrigate the Timnath Pit Properly. <br />The Boxelder water will be diverted into the unlined pond created by the then-current mining phase <br />of the Timnath Pii: and stored to recharge the aquifer. <br />2.0 WATER FIGHTS <br />DKC has filed an application to water court in January 2004 (Case No. 04CW006) to change <br />the historic CU of its Boxelder rights from irrigation to multiple uses, including augmentation. The <br />historic operation of the Boxelder Ditch, the main delivery ditch for the Boxelder, will remain <br />essentially unchan,aed; the same laterals will be used to carry the changed water supply. In this case, <br />carriage losses in the ditch will remain the same after as before the change and the historic surface <br />returri flows will be returned to the Poudre River. The subsurface return flows will be delivered to <br />t}tr etraam in tho lrio+~.r:.. .,1, ..a ~: a~._ _~ i__ ~i_ , <br />___., ,,._.,,.....,. ,~,~, ,iu~viav vviuiite aiiu uiiiiilg aS ucLG1111111GU Uy U1C englneering analySlS. LJlil~ Wlll <br />deliver the changed (consumptive use) water of the Boxelder as a replacement supply for its ground <br />water use at the Timnath Pit to the Poudre River in accordance with the depletion. analysis. Any <br />additional augmem:ation credits from the changed Boxelder shares, not continued in irrigation, will <br />require further court approval before their acceptance in another augmentation plan. <br />Boxelder )Glitch Company <br />The Boxelder owns the Boxelder Ditch and the diversion headgate for the Boxelder Ditch on <br />the Poudre River. There are 64 total shares of capital stock in the Boxelder. DKC owns 3 `/2 <br />Boxelder shares in :relation to the Timnath Pit: The Boxelder headgate is located at the SE'/a of the <br />NE `/4, Section 20, Township 7 North, Range 68 West. A total of 52.76 cfs of direct. flow can be <br />diverted from the Poudre River under the Boxelder decrees. The decrees are summarized in Table <br />2.1. <br />Table 2.1 Boxelder Ditch Company Decrees. <br />Structure Adjudication <br />Date ~ r~ptrropriation <br />Date <br />=lnlount Icfti) <br />~ Case No. <br />Boxelder Ditch 04/11 /1882 03/01 /1866 32.5 320 <br />Boxelder Ditch 04/11/1882 05/25/1867 8.33 320 <br />Boxelder Ditch 04/11/1882 07/01/1868 11.93 320 <br />C:\Projects\CODKC01\Admin\DKC 2006 SWSP Application.doc 3 Scott Water Engineers <br />