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<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 Nvater will be used in mining and milling <br />operations, including in a settling pond, as well as storI;d 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 trap 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 desc:6bed as follows: <br />A. Idaho Mill Diversion. (or "IMD") <br />(1) Location of structure <br />Township 36 North Range I I West, N.M.P.M. La Plata County, Colorado <br />In the SW 1/ NE 1/a NW 1/a, Section 28, T36N, R1 1W, 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 l c.f.s, conditional for the totality of mining 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 writer right shall be limited to: (a) 0.022 .?-J.s. <br />(10 g.p.m.) for use at the Idaho Mill during normal milling operations when Applicant is <br />not diverting to storage in Idaho Mill Settling Pond or Wildcat Augmentation Ponds K <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