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<br />mining area, Calamity Draw, Tuttle Draw, and into a <br />sublateral canal off the West Lateral Yrrigation Ditch. <br />Details are provided in Section 4.3.~ This transferral uses <br />existing ditches and diversion structures. <br />The water-rights issues requiring resolution can be <br />divided into two separate but related areas. First, mining <br />will result in consumptive use (C.U.) of water, which must be <br />provided for. Second, dewatering of the pits will remove <br />water from the shallow ground-water system thereby affecting <br />surface-water rights. Bence, a mitigation plan is required <br /> <br />to prevent impact to these rights. Because the mitigated <br />rights are associated with a historic consumptive use, no <br />consumptive-use deficits result from the mitigation plan_ <br />The pit-inflow water represents a credit which offsets the <br />water used Por augmentation where downstream rights are <br />concerned. <br />The following table summarizes the annual water budget <br />related to the mining operation. Peabody owns 27 shares of <br />the Colorado Co-operative Company. This represents an <br />average annual diversion of 273.3 acre-Peet, and a <br />consumptive use of 114.5 acre-Peet. Calculation of the <br />historical consumptive use, performed using the modified <br />Blaney-Griddle method, is described in Section 4.2. In <br />addition, Peabody will have, iP this plan is adopted, <br />7 <br />I • GEOtRANS, INC. <br />xav~sanMnRCNZOO6 Attachment 2.05.6(3)(b)(v}1-12 <br />