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<br />o <br /> <br />, <br />.' <br /> <br />e <br /> <br />Mr. Merriman <br />May 7 1999 <br />Page 2 <br /> <br />The source of water to be pumped by the well is the tributary aquifer adjacent to <br />the Williams Fork in Grand County, a tributary of the Colorado River. Climax owns <br />several water rights in the Williams Fork basin that can be used to replace depletions <br />associated with out-of-priority well pumping. The average annual pumping rate is <br />expected to be 2.3 gpm, although the instantaneous pumping rate for short periods of <br />time will be 10 gpm. Because the well is located more than 2,000 feet from the river, <br />the daily variations in water pumping will be attenuated; therefore, the lagged depletive <br />effect will result in a continuous stream depletion of approximately 2.3 gpm, During the <br />first two years of operation that are the subject of the pending Substitute Water Supply <br />Plan, the depletion will be less than one gpm, as shown on the enclosed Table 2. <br /> <br />Climax has applied to the State Engineer for a Substitute Water Supply Plan for e <br /> <br /> <br />the Drive House Well and substitute wetlands, This plan provides for the use of Climax <br /> <br /> <br />senior water rights to replace all out-of-priority depletions. Approval of this Plan by the <br /> <br /> <br />State Engineer is required before a well permit can be issued for installation of a well <br /> <br /> <br />pump, The Substitute Water Supply Plan will allow Climax to operate the well through <br /> <br /> <br />December 2000, thereby giving Climax time to file for a permanent water rights plan. <br /> <br /> <br />One or more annual renewals of the Substitute Supply Plan may be required before the <br /> <br /> <br />permanent plan can be approved in Water Court. The well will not be required after <br /> <br /> <br />permanent closure of the mine in approximately 15 to 25 years. <br /> <br />Instream Flow Water Ri<lhts. The CWCB appropriated instream flow water rights <br />on the Williams Fork and several of its tributaries. Gage records indicate that the flow <br />of the Williams Fork exceeds the instream flow appropriations except during unusually <br />dry periods averaging about 12 days per year. Such periods are summarized in the <br />enclosed Tables 1 and 2. Because of the upstream location of the Drive House Well <br />with respect to Climax senior water rights, Climax does not have an ability to replace its <br />depletions at a location on the river near the well, Therefore, well pumping will result in e <br />