2014-01-24_PERMIT FILE - C2010089 (5)

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Mr. Wayne I. Schieldt Page 4 of 7 June 21, 2012 historical consumptive use credit from the 34 shares of the CC Ditch is 116.37 acre -feet with a total return flow obligation of 162.63 acre -feet (Table 7). The monthly depletions and replacement requirements are found on the attached Table 14. Western Fuels will augment out -of- priority depletions associated with the NHM operations by using the consumptive use credits from the 27 shares in the CC Ditch associated with the decree in case no. 88CW55 and the 34 shares in the CC Ditch sought to be changed in this SWSP. The active water rights that could have a potential impact in the Tuttle Draw and Calamity Draw have been identified as the Charlie Rice Ditch, the Holder Ditch, and R &H Development Ditch (on Tuttle Draw); and Richards Waste Ditch (on Calamity Draw). There were no active water rights identified in Coal Canyon. Consumptive use credits will be released to Calamity Draw at the Elliot Lateral headgate and to Tuttle Draw at the CC Ditch Box 1, which are upstream of the mine depletions. The monthly amounts of release based on the specific drainage are identified on Table 15 (attached). Western Fuels proposes to store available excess consumptive use credits in any of the ponds and will release water as necessary during the non - irrigation season to replace our -of- priority depletions and historical irrigation return flows (Table 16). Western Fuels also proposes to operate the New Horizon North Tuttle Draw Exchange as identified in the water court application in case no. 2010CW208. The water right for this proposed exchange is pending in case no. 2009CW171. The exchange is necessary in the event of a call from senior rights located on an unnamed tributary to Tuttle Draw and when Western Fuels is delivering replacement water to Tuttle Draw. This exchange may only occur to the extent that there is a continuous live stream between the exchange from and exchange to points and to the extent this exchange can be operated without injury to intervening water rights. This exchange may only be operated with the prior approval of the water commissioner or division engineer. The Applicant is required to obtain approval of this exchange from the water commissioner or division engineer on a daily basis or other interval approved by the water commissioner or division engineer. Western Fuels is required to dewater the mining area. This is done by using portable pumps that operate continuously. The water is pumped into an elevated tank used to fill the water trucks for dust suppression. The remaining water is then discharged into one of the sediment ponds and into the nearest stream. Pumping from mine dewatering intercepts groundwater. The BBA report evaluated the impact to the stream from mine dewatering and determined that a net accretion to stream system occurs from May through September, which benefits the surface water rights that are being used for irrigation. Western Fuels does not claim the accretion credits to the stream from dewatering in this SWSP. In the month of April, lagged depletions from mine dewatering are slightly more than direct depletions from dewatering and may have an impact on the stream system. In an event of a senior call, a storage release from Western Fuels' ponds would replace the mine dewatering depletions. According to the BBA report, mine dewatering at NH2M impacts Tuttle Draw at a point below the Holder and Charlie Rice Ditches and dewatering in the NHNM area impacts the Coal Creek drainage. In the Cyprus area the point of impact is to Calamity Draw above the Richards Water Ditch. SWSP Conditions of Approval This SWSP is hereby approved pursuant to § 37 -92- 308(4), C.R.S., subject to the conditions below: 1. This SWSP shall be valid for the period of June 1, 2012 through May 31, 2013, unless otherwise revoked, modified, or superseded by decree. Additional SWSPs are required until a court decreed plan for augmentation is obtained for the proposed uses. Should an additional SWSP be requested, the provisions of § 37- 92- 308(4)(b), C.R.S., shall apply. The statutory