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must be returned to replace return flows. However, as discussed below, this acreage was not <br />irrigated for the entire period of study; therefore the available CU has been discounted by 6.0 %. <br />The corrected resulting annual CU available for full consumption is 116.37 acre -feet, with <br />historical irrigation return flow obligations being 162.63 acre -feet. <br />IDENTIFICATION OF LANDS DRIED -UP UNDER THE DECREE IN CASE NO. <br />88CW55 (27 SHARES) <br />At the time of the decree in Case No. 88CW55, the Peabody Coal Company referred to 74 acres <br />historically irrigated with 27 shares. Thirty -seven acres had already been dried -up, with the <br />remaining acreage in some form of irrigation. Peabody Coal Company planned to dry up the <br />remaining acreage as the mining area gradually moved into the irrigated area. The 1988 Report <br />did not mention the reclamation process that requires certain land to be revegetated. If land is to <br />be dried up, dry -land vegetation must be established to exacting standards. If the landowner of <br />the leased property desires an irrigated grass crop, it must be planted and established. In this <br />reclamation process, land is not released from the bond until at least ten years after revegetation <br />has begun. <br />Since 1988 there has always been at least 74 acres of dried -up lands as part of the mining <br />process. This report assigns the 74 acres to historically irrigated lands that were permanently <br />dried up and not reclaimed. This report also depicts areas that are currently in the process of <br />being dried -up and reclaimed as dry -land vegetation. <br />To designate acreage associated with the 27 shares that have been dried up, this report identifies <br />land unencumbered by bonds and owned by WFC. A 1960 aerial photo shows a ranch on which <br />109.63 acres were being irrigated prior to mining of the associated ranch lands. Mining of these <br />ranch lands probably concluded in the late 1970s. Seventy -four acres of this historically <br />irrigated area is shown on Exhibit G to the Proposed Decree in this case and is designated as <br />dried -up for the initial 27 shares. <br />IDENTIFICATION OF LANDS DRIED -UP AS TO THE 34 SHARES <br />As noted above, WFC purchased the mining assets from Peabody Coal Company and began <br />mining in 1993. Since then, certain parcels have been removed from irrigation as the mine <br />progressed. Some parcels are in the process of being reestablished as dry land crops and will not <br />be irrigated in the future, while others will continue to be irrigated in the future. The following <br />tables extracted from Table 8 show the acreages that have been dried up as of July 2010. <br />The two parcels shown on Exhibits H -1 and H -2 to the Proposed Decree are owned by WFC <br />and proposed for dry -land re- vegetation. Since WFC has control of the land use, these parcels <br />have been assigned as dry -up associated with the 34 shares. These two parcels total 67.18 acres, <br />and are 94.0% of the full CU credit. The remaining parcels that have been temporarily dried up <br />are shown on Exhibits G -3(a), G -3(b), and G -3(c) to the application, and are not being used in <br />the current augmentation plan. Exhibit G -3(d) to the application shows the lands that will be <br />