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h. No Iniurv to vested Rights: The Court finds that <br />the proposed amendment to the augmentation plan will not <br />injuriously affect the owner of or persons entitled to use water <br />under a vested water right or a decreed conditional water right <br />if operated in accordance with the conditions contained herein. <br />The Court finds that the substituted water is of a quality and <br />quantity so as to meet the requirements for which the water of <br />downstream senior appropriators has normally been used. The <br />Court finds that the water rights of the intervening users <br />between the site of depletion and the sites of replacement for <br />the proposed exchanges will not be injuriously affected. The <br />requested exchanges will be operated only if there is no injury <br />to intervening water rights senior to August 8, 1990. <br />10. Augmentation Reouirements: <br />Applicant's requirements for water associated with the <br />various uses at the mine and the consumptive use associated with <br />each activity are described below: <br />a. Commercial Water Use and Truck Washing: Water use <br />at the mine facility by mine employees is estimated to be 30 <br />gallons per capita per day (gpcd), based on past experience at <br />the mine and use criterion previously accepted by the Colorado <br />Mined Land Reclamation Division. In addition to domestic use of <br />water by mine employees, a small amount of water is used for <br />truck washing. Use of water for truck washing purposes <br />constitutes approximately one percent (1$) of the overall <br />domestic use. Cyprus estimates that ten percent (l0$) of the <br />water withdrawn for domestic and truck washing purposes will be <br />consumptively used, with ninety percent (90~) returning to the <br />stream system via a leach field system. This consumptive use <br />estimate includes both the water used for domestic purposes and <br />that used for truck washing. This system has been in use for <br />many years and a return flow pattern has already been established <br />to the stream system; therefore, it is not anticipated that any <br />lag in claiming return flow credits will be necessary. Return <br />Ylow credit from water uses at the mine will be calculated on a <br />monthly basis based on the formula presented in Exhibit E and <br />will be credited against any monthly depletions in the month that <br />they occur. <br />b. Ventilation System Water Use: Some of the water <br />that enters the mine as mine inflow is used in the ventilation <br />system with the resulting consumptive use due to ventilation <br />evaporation. A ventilation evaporation study was conducted in <br />the mine in November 1989 by-members of the United States Mine <br />Safety and Health Administration (MSHA) Safety and Health <br />Technology Center (MSHA, April 25, 1990). The formulas to <br />calculate ventilation evaporation presented in Exhibit E are <br />based on data obtained during that study. Ventilation <br />evaporation is 100 consumptive. <br />-15- <br />