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u <br />Doc Date:12H 1/2001 III III I II I II IIII III <br />S' Ci ass <br />~~ 2.04.7.3 ALTERNATE WATER SUPPLY ~~ <br />Based on the available inforwation it does not appear that <br />the mining activities will result in the contawination, <br />diminution, or interruption of an underground or surface source <br />of water currently used for domestic purposes, agricultural, <br />industry, or fish and wildlife. <br />Phase 2 wining way destroy the flow of water currently <br />discharging through a plastic pips at the portal of the wine <br />operated during the 1950's and 1960's(EMD). Ths source of the <br />water is unknown as these wins workings are connected with the <br />old Engle wins and should bs discharging through the 30' air <br />shaft still standing at a lower elevation to the south. If <br />the source of the water is a spring every effort will Ds wad• <br />to preserve the flow, however again a water right to the spring <br />is nonexistent. Ths flow of water is quits swell, presently 1/3 <br />gallons per winute and appears to fluctuate with annual <br />rainfall. <br />• <br />The flow frow the spring discharges into a diversion ditch Leo <br />Montoya diverts flow frow Englvills Oulch into two stock ponds <br />located about a quarter wile frow the psrwit area in Section 20. <br />According to Mr. Montoya the diversion ditch was dug by hand in <br />the 1940's, and its history otherwise is unknown. It could have <br />been constructed by verbal perwission frow CF i I, or it could <br />have been put in without their knowledge. Even so the ditch had <br />no reservation in the transfer of the property to the present <br />owner(ses Exhibit A), and there is not wention of the ditch in <br />the old CF i I fi'.ss which was researched by Evergreen Land and <br />Resource Cowpany that acquired the land frow CF i I and retains <br />their records(ses Exhibit. NN ), Mater rights in T33S, R63M ar• <br />also shown in Exhibit NN. <br />At the present the owner is agreeable to the existence of the <br />ditch as long as its waintenancs is upheld. Water fror Engls- <br />ville Gulch would flow needlessly into the Purgatoris River <br />otherwise. However, it should again be pointed out this water <br />is not judicatsd and its loss would not bs of any consequence. <br />• <br />