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• <br />the New Horizon Mine permit by this revision, and therefore was not applied to <br />previously reclaimed properties. The Benson property immediately east of your <br />property is being held to the same requirements by DBMS. <br />3. WFC must obtain from the water court the right to store water (in Sediment <br />Pond 012 for your purpose). This water right is called conditional until the <br />storage actually occurs. Once the water storage has occurred, the amount of <br />water stored is deemed to be put to beneficial use and this amount of water right <br />is then called absolute. The water source going into Pond 012 can be from: a) <br />surface water run off from a thunder stoma, b) snow melt, c) rain fall, d) <br />irrigation water run of e) or pit pumping. The primary water beneficial use for <br />WFC during the process of mining and reclamation is for water quality (sediment <br />control) that is mandated by the Colorado Department of Health and the Division <br />of Reclamation, Muting and Safety. We have also stated in our application other <br />• <br />possible beneficial uses, such as dust suppression via water trucks, and <br />livestock/wildlife use. We, as a company,. can not store water in any sediment <br />Pond without this legal action. When mining and reclamation is completed on <br />your land, WFC will remove Pond 012 per your request. The removal of Pond <br />012 will eliminate WFC ability to store any source of water from your land and <br />thus the filing will be no longer applicable to your land and whatever water runs <br />offifrom it. WFC does have the right to transfer the water rights (the ability to <br />store water and use that water for a beneficial use) to another location, or <br />transfer those water rights to the Land Owner. <br />4. All reclaimed areas in the New Horizon mine will have to meet a standard for <br />release based on a reference area approved by DBMS. Three areas were <br />identified by Western Fuels and approved by DRMS that were representative of <br />each type of land use: Dryland Pasture, Irrigated Pasture, and Irrigated Cropland. <br />In the case of Dryland Pasture, the reclaimed area must have at least 90% of the <br />cover as the reference area. Irrigated Pasture must meet a cover requirement and <br />• <br />