2009-06-02_PERMIT FILE - C1982057 ‎(5)‎

• Permit No: C1982057
• IBM Index Class Name: Permit File
• Doc Date: 6/2/2009
• Doc Name: Documents Pertinent to Water Rights & Plan for Augmentation
• Section_Exhibit Name: Tab 16 Appendix 16-1
• Media Type: D
• Archive: No

3. Applicant establishes an accounting system .
that will allow the tracking cf all depletions and credits en
a daily basis sc that the replacements required tc prevent
injury can be computed.
R. Injury Prevented. Zn light of the fcregcing fin-
dings regarding Applicant's development and the hydrological
situation, the Referee hereby finds that the eperaticn cf the
plan for augmentation will adequately replace depletions
caused by Applicant's eperaticn cf its plan; and that nc
owner of cr person entitled to use water under vested water
rights er decreed conditional water rights will be
injuriously affected by the eperaticn of Applicant's system
without curtailment by State water officials, se long as the
plan is administered in accordance with the terms of this
Ruling.
L. Well Permit Aoolicatien. An Application for Well
Permit for Peabody Seneca II-W well Ne. 1 was filed with the
Division of Water Resources en May 3, 1989, Receipt Ne.
299948. The application was denied en December 27, 1989,
File Ne. AD-11979. The Referee has considered the findings
cf the State Engineer, made pursuant tr_ Section 37-90-137,
and finds that the plan for augmentation herein is sufficient
tc make unappropriated water available for withdrawal by
Peabody Seneca II-W Well Ne. 1 without causing material .
injury to water rights cf ether appropriators.
IT IS HEREBY THE RULING OF THE WATER REFEREE THAT:
1. The fcregcing Findings of Fact are incorporated
into this Ruling.
2. The Applicant's plan for augmentation as set forth
hereinabcve is hereby approved, subject to compliance with
and proper administration of the terms and conditions set
forth in this Ruling.. __
3. The State Engineer and the Division Engineer for
Water Division Na.. 6, and their delegates, shall administer
this plan for augmentation in accordance with the terms of
this Ruling, and shall net curtail the Applicant's use of
water from the existing and proposed pc ints cf diversion and
storage for irrigation, industrial, augmentation, maintenance
cf storage reserves, and mitigation uses sc long as the clan
for augmentation is being operated in accordance with the
terms cf this Ruling..
4. The State Engineer shall issue a well permit for
Peabody Seneca IZ-W t4e11 Ne. 1, Receipt Ne. 299948, in accor-
dance with this Ruling.
_3_
16-i-8