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Water Rights Protection and Mitigation Plan <br />The following discussion briefly summarizes the approach to the water rights plan. All ground and <br />surface water rights within a reasonable distance of the New Horizon Mine have been documented. <br />Pit inflow and pit pumpage drawdown analyses were performed and tabulated. Drawdowns and <br />pit bottom elevations were compared against water righted well production zone elevations to <br />determine which wells, if any, could potentially be impacted by the mining induced drawdowns. <br />Similarly, surface water rights within the one -foot drawdown contours were identified as those <br />surface water rights which could potentially be impacted by the mining induced drawdowns. <br />Drawdown depletion rates were then estimated at the different surface water right locations and <br />replacement rates were determined for each. <br />Calculations were performed to estimate industrial uses of surface water and evaporative losses <br />from the six sediment ponds receiving runoff from the mining areas. This work was performed by <br />Peabody. An augmentation plan was then developed for augmenting these surface water losses <br />during each month of the irrigation period and storing water during the winter months, Table 9 in <br />Attachment 2.05.6(3)(b)(v) -1 (formerly Peabody Attachment 16 -1). <br />Calculations were performed for Tuttle and Calamity Draws and the San Miguel River to determine <br />if mine discharges would diminish receiving water quality to the extent that surface water rights <br />would be injured (preclude present or potential uses of the water). This was determined not to be <br />a significant impact and no mitigation is required. <br />Finally, specific, additional monitors will be proposed as part of the water rights plan to help insure <br />that the impact and water loss volume projections were reasonable. Piezometers maybe proposed <br />in the immediate vicinity of the New Horizon 2 mining area to help quantify drawdowns. <br />Alternative Water Supplies <br />WFC will use the following alternative water sources to mitigate any ground or surface water right <br />impacts. WFC has available 114.5 acre -feet of surface water, which is a consumptive use credit <br />associated with WFC's ownership of 21 shares of the Colorado Cooperative Company (CCC). <br />WFC has an absolute 4 acre -foot storage right for the 001 reservoir at the New Horizon 1 mining <br />area and is projected to have 18 acre -feet of pit pumpage during the non - irrigation season available <br />to them for use. WFC also has a 1.5 acre -foot ground water right associated with the mined out <br />shop well. <br />It is from these alternative sources of water that the surface water augmentation plan has been <br />Revised September 2014 JR -64) 2.05.6(3) -13 <br />