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Attachment A, Technical Revision to the May Day Mine <br />9 • <br />decree in this matter. Those terms and conditions have been incorporated into this decree and <br />the CWCB has approved this decree language. <br />6. Applicant intends to reopen the Idaho Millsite, U.S. Patent #18320, and process ore <br />extracted from nearby mines on the Millsite. Surface water will be used in mining and milling <br />operations, including in a settling pond, as well as storod in ponds for augmentation of <br />Applicant's out-of-priority diversions. Applicant has performed some actual construction <br />activities onsite and has retained engineering services for design of the milling system. <br />Applicant has demonstrated sufficiently that it can and will utilize the water applied for herein. <br />A snap of the general location of the structures is attached to this decree as Exhibit "A". A site <br />plan is attached to this decree as Exhibit "B". <br />7. Applicant plans to divert water for use on the Idaho Millsite for 1) direct application to <br />mining and milling operations, 2) interim storage and settling prior to application to such mining <br />and milling operations and, 3) storage for augmentation of limited out-of-priority diversions. <br />8. The new surface water right applied for is described as follows: <br />A. Idaho Mill Diversion. (or "IMD") <br />(1) Location of structure <br />Township 36 North Range 11 West N.M. P.M. La Plata Count Colorado <br />In the SW'/ NE 1/a NW 1/a, Section 28, T36N, R11W, N.M.P.M., being 1005 feet from <br />the North section line and 1488 feet from the `Vest section line of said Section 28. <br />(GPS Coordinates Zone 12, Northing 4138152.. Easting 759008 meters. Unaveraged,' <br />(2) Source of Water- <br />Surface water draining out of Idaho Mine portal on the Idaho Millsite ("Idaho Mine <br />Portal") into unnamed channel tributary to the La Plata River. See site plan, Exhibit B. <br />3) Appropriation Date: November 30, 2006 <br />4) Amount Claimed: <br />Up to 1 c.f.s, conditional for the totality of miring and milling purposes and diversion to <br />storage in the Idaho Mill Settling Pond and Wildcat Augmentation Ponds #1 and #2, as <br />described herein. Diversion under the IMD water right shall be limited to: (a) 0.022 z.f.s. <br />(10 -.p.m.) for use at the Idaho Mill during no:-mat milling operations when Applicant is <br />not diverting to storage in Idaho Mill Settling Pond or Wildcat Augmentation Ponds *1 <br />and #2, and (b) limited to diversions of 10.8 acre feet annually to mill and Idaho Mill <br />Settling Pond, exclusive of diversions to Wildcat Augmentation Ponds #1 and #2. <br />5 Proposed uses: <br />2