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Attachment A, Technical Revision to the May Day Mine Permit September 12, 2009 14 of 19 <br />9 0 <br />settling pond, approximately 759% of the Mill's water needs will be pumped back to the <br />Mill inlet. <br />d) Instantaneous and accumulating flow meters will be installed to measure <br />diversions from the IMD and the diversions being delivered to the Idaho Mill and Idaho <br />Mill Settling pond. When the IMD water right is in priority, the instantaneous meter will <br />be utilized to measure diversions. When the INID water right goes out of priority, the <br />accumulating meters will be read in order to determine the volume of water diverted out- <br />of-priority, and the equivalent volume will be released from the Augmentation Ponds to <br />meet downstream senior demands. If insufficient water is available in the Augmentation <br />Ponds, then all diversions will cease. <br />e) Should the La Plata River be placed on call when there is insufficient <br />augmentation water available for release from the Augmentation Ponds, diversions at the <br />IMD will cease. To the extent possible, the Mill will operate on a reduced schedule <br />utilizing only recycled water from the Idaho Mill Settling Pond, <br />f) In no event will water from the Settling Pond be used for augmentation purposes <br />or otherwise be allowed to escape to the La Plata River. <br />g) Since the Wildcat. Augmentation Ponds #s 1 and 2 are to be used only for <br />augmentation, evaporation will not be augmented. The amount of water available for <br />augmentation will be the amount remaining in the Augmentation Ponds after evaporation. <br />h) Applicant will submit records to the Division of Water Resources for Water <br />Division 7 ("DWR"), on a schedule to be set forth by the DWR. Such records will reflect <br />diversions through the IMD on a daily basis. AL draft accounting form, indicating the data <br />that shall be submitted, is attached to this decree as Exhibit "C". The substance and the <br />form of the wo.rksbeet may be reasonably mo& Pied subsequent to this decree upon <br />request of the DWR. <br />Terms and Conditions to Prevent Injury <br />11. During any time when CWCB places a call to enforce its senior instream flow water rigats <br />on the La Plata River, due to insufficient water in a reac.a of the stream downstream of Applicant's <br />RVID diversion, Applicant shall replace all out-of-priority diversions at the IMD in time, place and <br />amount, or shall curtail such out-of-priority diversions. <br />CONCLUSIONS OF LAW <br />13. Timely and adequate notice of this application was given in the manner required by law <br />and the Court has jurisdiction over the subject matter of this proceeding and over all persons and <br />water rights affected thereby regardless of whether those persons or water rights have appeared. <br />7