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<br /> <br />The decision whether canter is tributary or non-tributary <br />water is effectively made by the Office of the StaCe <br />Engineer. Some guidelines used often are Chat the water <br />~ be from an aquifer thaC does noC crop out within three <br />miles of the well and the water source be more Chan 300 <br />feeC deep. By this evaluation, all of the water <br />potentially affected by the Bourg Mine is tributary. <br />The ground water rights in the mine vicinity are shown <br />in Figure 6, listed in Table 5b and discussed in the <br />response Co 2.04.5. The conclusion of this discussion is <br />thaC none of the ground water rights in the mine <br />vicinity will be affected by the Bourg mining activiCies. <br />To obtain wafer for mine operations, including dust <br />control .and limited bathhouse use, Bourg coal has <br />applied for and received permits for three shallow <br />tributary wells on the Bourg property iColorado l,'ater <br />Court Case Number 79C1d226), for a total of 7 gpm. One of <br />these three wells has been drilled and is located, as <br />shown on Plate 1 of the original application, in the <br />approximate center of the western quarter of the permit <br />area. The other two wells are not yet drilled. To cover <br />any losses to downstream users caused by pumping these <br />wells, a storage right of 5.37 acre-feet in <br />sedimentaCion Pond H was applied £or and received. This <br />pond will fill in the non-water use season and water <br />will be stored through the summer to be released when a <br />call is made on Mann Draw. Additional discussion is <br />included in the reorganized Section I of the original <br />application. <br />3i <br />~~ <br />