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-8- <br />VIII. Water Rights and Replacement - Rules 2.09.7(3), 2.05.6(3)(a)(ii)(iiiJ, <br />2.07.6(2)(c), and 4.05.15 <br />The applicant has submitted to the Division information dealing with <br />water rights. This information is contained on pages 2.09-96, and 9.05-I 2, <br />Volume I; in Exhibit 16, Volume 4; and in .Section VIII Water Rights and <br />Replacement, Responses to Draft Finding fbcument Stipulations Volume. <br />Under the lease agreement with Western States Mineral Corporation, the <br />applicant obtained the Shafer Water Rights. These rights consist of a <br />4/30th interest in the Coler Ditch and Reservoir System and a '~ right <br />to the Coots Spring (3 cfs) water right (Exhibit 16, pages 6 and 7). <br />Also the applicant has a temporary water right for an industrial well <br />(Case No. 80CWGN, copy in Response Volume). <br />The mining operation will impact guantity and ground water which supplies <br />the domestic well previously owned by Mike Bechaver. The mining operation <br />will also destroy the Maitland Arroyo Windmill which is used for a source <br />of water hauling (page 2.09-46). The operation may also impact the stock <br />watering well previously owned by Romula Archuleta. All other wells <br />within one mile of the permit area are abandoned, owned by the applicant, or <br />will not be impacted by the mining operation. The applicant owns the water <br />rights to the Bechaver, Archuleta, Gordon Mine, Bobian and Maitland Windmill <br />wel 1 s . <br />Colorado Coal Mining Companie's life-of-mine plan will entail dewatering <br />of flooded mine workings. This dewatering and the disposition of the water <br />pumped from these workings is presently under study by the applicant and <br />the State Engineez~s' Office, Division of 4Jater Resources. <br />The main issues which must be resolved between the applicant and the <br />State Engineers Office is: 1) whether or not the water to be pumped from <br />flooded mine workings and water pumped from the industrial well is tributary <br />to the Cacharas River, and 2) if so how will the applicant augment depletions <br />with their existing water rights. <br />