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<br />Delta Paving Pits <br />Ruling of Referee - Case 99CW 128 <br />Page 7 <br />D. Applicant is entitled to certain depletion credits in connection with the development <br />of the Delta Paving Pit Wells, described as follows (these credits will be collectively referred to <br />herein as the "Depletion Credits"): <br />(I) Applicant will remove 7.5 acres ofphreatophytes from the area where mining <br />activities will occur. All of said 7.5 acres will be under the free water surface of the water <br />exposed during the mining activities. Consumptive use credits were calculated using the <br />modified SCS-Blaney Criddle method for determining evapotranspiration. Credits are <br />claimed from April through mid-November of each year in the amount of 25.74 acre feet per <br />year, or 3.43 acre feet per acre. Exhibit D, attached hereto, shows the phreatophyte <br />consumptive use credits spread over these months. The location of the 7.5 acres of <br />phreatophytes is shown on Exhibit E. <br />(II) As indicated in Paragraph 15 above, Applicant owns ten shares and leases two <br />shares of the stock of the Ditch Company. Applicant's mining activities will remove from <br />irrigation 48.8 acres of grass hay which historically have been irrigated by the Bona Fide <br />Ditch. The twelve shares of the Ditch Company controlled by Applicant have historically <br />provided a full irrigation water supply to these 48.8 acres of land, resulting in an average <br />historic consumptive use of 102.8 acre feet per year, or 2.11 acre feet per acre. The <br />consumptive use was calculated using the modified SCS-Blaney Criddle method. Exhibit <br />D, attached hereto, shows the irrigation consumptive use credits spread over the irrigation <br />season (April through October). The location of the 48.8 acres of historically irrigated land <br />is shown on Exhibit E. <br />E. Applicant will provide augmentation and replacement water necessary to meet the <br />lawful requirements of senior appropriators, to the extent such appropriators will be deprived of <br />water by Applicant's out-of-priority depletions from its activities at the Delta Paving Pit Wells (a <br />"valid call"), in the following manner: <br />(I) To the extent there is a valid call during the Call Period (September through <br />December and January through April of each year) Applicant will replace depletions from <br />uses associated with the Delta Paving Pit Wells using the Depletion Credits. Applicant shall <br />be entitled to an annual depletion credit of 2.11 acre feet for every acre of historically <br />irrigated land which is removed from irrigation through Applicant's mining process, up to <br />a maximum of 48.8 acres. Applicant shall also be entitled to an annual depletion credit of <br />3.43 acre feet for every acre of phreatophytes which is removed through Applicant's mining <br />process, up to a maximum of 7.5 acres. The depletion credits for phreatophytes shall be <br />credited against evaporation depletions. To the extent that the Depletion Credits are not <br />adequate to offset the depletions from Applicant's operations at the Delta Paving Pit Wells <br />