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-9- <br />The applicant may not pump water from the old mine working until the <br />State Engineers' concerns have been satisfied. The applicant will not <br />dewater any flooded old mine working under this permit. Any dewatering <br />of flooded old mine workings and mining in the flooded coal seams by the <br />applicant will be permitted by the Division only after the Division has <br />received a technical revision to the permit. One of the critical components <br />of this technical revision will be the State Engineers approved plan for <br />disposition of the dewatered mine water. <br />The applicant has agreed to (page 4.05-12, Volume I) replace surface or <br />ground water supplies affected by the mining operation. However, the <br />applicant has not identified the alternative sources of water supply or <br />sources of augmentation water that could be developed to replace the <br />existing sources, Rule 2.04.7(3). The applicant has not submitted to the <br />Division a plan by which effected water users will receive an alternate <br />source of water (e.g, source and method of transport). The mining <br />operation will not dewater old mine workings, therefore, surface and <br />ground water rights will not be materially damaged. An approved water <br />replacement plan, if needed, will be required before the applicant can <br />begin dewatering old mine workings which will be covered under future <br />permitting. This replacement plan will be satisfied upon the submittal <br />of agreements between the applicant and the State Engineer and/or <br />District 16 f9a ter Court. <br />The Division finds that the applicant has a mine plan which has been <br />designed to prevent material damage to water rights outside the permit <br />area . <br />