2011-02-28_REVISION - M1981185 (4)

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0 0 settling pond, approximately 75% of the Mill's waterneeds will be pumped back to the Mill inlet: d) Instantaneous and accumulating flow meters will be installed to measure diversions from the IMD and the diversions being delivered to the Idaho Mill and Idaho Mill Settling pond. When the IMD water right is in priority, the instantaneous meter will be utilized to measure diversions. When the IMD water right goes out of priority, the accumulating meters will be read in order to determine the volume of water diverted out- of-priority, and the equivalent volume will be released from the Augmentation Ponds to meet downstream senior demands. If insufficient water is available in the Augmentation Ponds, then all diversions will cease. e) Should the La Plata River be placed on call when there is insufficient augmentation water available for release from the Augmentation Ponds, diversions at the INM will cease. To the extent possible, the Mill wil I operate on a reduced schedule utilizing only recycled water from the Idaho Mill Settling Pond. f) In no event will water from the Settling Pond be used for augmentation purpo3es or otherwise be allowed to escape to the La Plata River. g) Since the Wildcat. Augmentation Ponds #s 1 and 2 are to be used only for augmentation, evaporation will not be augmented. The amount of water available for augmentation will be the amount remaining in the Augmentation Ponds after evaporation. h) Applicant will submit records to the Division of Water Resources for Water Division 7 ("DWR"), on a schedule to be set forth by the DWR. Such records will reflect diversions through the IMD on a daily basis. A draft accounting form, indicating the data that shall be submitted, is attached to this decree as Exhibit T". The substance and the form of the worksheet may be reasonably modified subsequent to this decree upon request of the DWR. Terms and Conditions to Prevent injury 11. During any time when CWCB places a call to enforce its senior instreann flow water rig:its on the La Plata River, due to insufficient water in a reac:a of the stream downstream of Applicant's I:MD diversion, Applicant shall replace all out-of-priority diversions at the HAD in time, place and amount, or shall curtail such out-of-priority diversions. CONCLUSIONS OF LAW 13. Timely and adequate notice of this application was given in the manner required by law and the Court has jurisdiction over the subject matter of this proceeding and over all persons and water rights affected thereby regardless of whether these persons or water rights have appeared. 7