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mine boundaries as described below constitute a single <br />,. appropriation made for the purpose of putting the water to use in <br />the mining operation. By adding this water source to the list of <br />structures to be augmented, it is applicant's intent to include <br />all mine water currently encountered and put to beneficial use, <br />as well as all mine water to be encountered in the future and put <br />to beneficial use within the mine boundaries described below, <br />until such time as this amendment and plan for augmentation shall <br />terminate in accordance with the provisions of paragraph 13 <br />below. <br />Applicant has provided notice to all interested <br />parties of the amount of appropriation from the source described <br />above and the location of the diversions within a precisely <br />described area, as permitted by Closed Basin Landowners Assn. v. <br />R]~ Grande Water Conservation District, 734 P.2d 627 (Colo. <br />1987). Applicant does not claim a conditional water right for <br />each separate point of diversion; rather, the entire underground <br />mine area described below is claimed as a source of water to be <br />put to beneficial use in the mining operation. No further <br />amendments to this plan for augmentation or other notice of use <br />or location of future sources of mine water will be provided. <br />Well Permit: On September 19, 1991 well permit <br />applications for each current discharge point from the <br />underground mine were filed with the State Engineer's office. <br />The State Engineer's office denied these applications on <br />September 26, 1991, Denial Nos. AD-12593, AD-12594, and AD-12595. <br />Legal Description: The legal description of the <br />area from which such underground mine water may be withdrawn is <br />shown on Exhibit A. The points of diversion for this underground <br />water may be any location underlying the area described on <br />Exhibit A. <br />Source: Groundwater in the bedrock tributary to <br />Trout Creek and its tributaries. <br />Amount of Withdrawal: Maximum rate of 1.5 c.f.s. <br />for all underground mine sources collectively. <br />Use: Domestic, commercial, and industrial to <br />include ventilation, coal emulsion and dust suppression, and all <br />other uses associated with mining operations. <br />6. Additional Direct Flow Water Rights to be Used for <br />Augmentation. <br />Applicant owns the following water rights which will be <br />added to the list of augmentation water rights described as Ditch <br />Rights" on pages 1 and 2 of Exhibit A and on Exhibit B to the <br />Original Decree. The water rights described in this paragraph 6 <br />-4- <br />