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AMk <br />Delta Paving Pits <br />Ruling of Referee - Case 99CW 128 <br />Page 8 <br />on a monthly basis during a valid call, Applicant will purchase water from Bureau of <br />Reclamation facilities or other sources to replace any depletions which may occur, and/or <br />take other actions to satisfy or remove the call with respect to its rights. <br />(II) Normally, there will be no valid call during the period from May through <br />August of each year. Thus, Applicant generally will not be required to replace depletions <br />during these months. However, to the extent a valid call is made during this period, <br />Applicant will replace its depletions in the same manner as provided in 16.E(I), above. <br />F. The following procedures shall be followed for implementing this augmentation plan: <br />(I) Before any Depletion Credits are available for augmentation and replacement <br />purposes, Applicant shall remove land from irrigation or remove phreatophytes, and shall <br />report to the Division Engineer the number of acres and location of land removed from <br />irrigation or from which phreatophytes have been removed. When such lands are identified <br />to the Division Engineer, the Applicant shall have Depletion Credits available on a monthly <br />basis in an amount equal to the depletion credits per acre shown on Exhibit D times the <br />number of acres identified to the Division Engineer. <br />(II) When the Depletion Credits associated with Applicant's Ditch Company <br />shares are used to replace depletions from uses associated with the Delta Paving Pit Wells, <br />water from Applicant's Ditch Company shares which is needed to replace such depletions <br />will not be diverted through the Ditch Company's headgate, but will be left in the Gunnison <br />River. <br />(III) Water accounting and reporting sheets will be developed by the Applicant and <br />approved by the Division Engineer and will be submitted on a schedule acceptable to the <br />Division Engineer. <br />(IV) Applicant will install such measuring devices as may reasonably be required <br />by the Division Engineer to facilitate the operation of this plan of augmentation and to assure <br />compliance-herewith. <br />G. The depletions from the Delta Paving Pit Wells, and the Depletion Credits to which <br />Applicant is entitled, are summarized on Exhibit B, attached hereto. <br />H. Some of the Delta Paving Pit Wells are located on land owned by the Richard M. <br />Frazier and Betsey A. Frazier Revocable Trust (the "Frazier Property"). Applicant has leased the <br />Frazier Property from the Trust pursuant to a Lease Agreement dated November 19, 1998 (the