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A. The monthly replacement credit is to be determined by <br />multiplying the amount of water released from 104 shares of Fountain Mutual Ditch <br />by the specific monthly percentage found in the following table: <br />Month J F M A M J J A S O N D <br />Percentage 66 34 22 53 68 64 71 68 50 64-68 75 <br />6. The Division Engineer shall release 95% of the total production of <br />water of 104 shares of Fountain Mutual Water owned and controlled by the <br />Applicant so long as said wells are pumped out of priority for the production of <br />gravel and its Transit Mix Concrete operations to satisfy any valid down stream <br />call of the Fountain River and as calculated by the Formula provided herein and <br />shall release any additional water represented by said shares not needed under the <br />Formula on a regular basis in his discretion for the benefit of the Fountain and <br />Arkansas Rivers. . The Division Engineer, in exercising this discretion, shall <br />recognize the need of Applicant for replacement water in dry years or years of high <br />production. <br />7. The Applicant's production of gravel is limited to and shall not <br />exceed on an annual basis 500,000 tons and on a monthly basis 50,000 tons. <br />Y <br />8. At any time should the depletion credit available from the <br />Applicant's ownership of 104 shares of Fountain Mutual Irrigation Stock pursuant to <br />the Formula provided herein be less than the amount required to replace depletions <br />resulting from its operations, the Applicant will curtail its production to limit its <br />depletions to the amount of credit available from the ownership of Fountain Mutual <br />shares or provide additional water which qualifies by reason of importation to <br />provide the required volumes for augmentation of all depletions calculated pursuant <br />to the Formula provided for herein of its gravel and Transit Mix Concrete <br />operations, so long as the Applicant provides and the Division Engineer releases <br />sufficient volumes of water to replace its depletions to satisfy any valid down <br />stream call in Fountain Valley, El Paso County, Colorado at either of the points <br />provided herein. <br />-4- <br />s