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• The contracts are: <br />a. A mining lease from the State of Colorado on 600+ acres <br />in Section 16, 35N, lOW, grants to Arness-McGriffin the right to <br />use unappropriated underground waters on the leased land for min- <br />ing purposes. <br />b. Mining leases held by Arness-McGriffin on the privately <br />held coal lands similarly grants to Lessee, Arness-McGriffin the <br />rights to use indigenous waters for mining purposes. <br />c. Water occuring in or with a vein or seam of coal may be <br />considered an intrinsic part of that mineral deposit. The miner <br />is unavoidably responsible for coping with the water encountered. <br />• If it occurs in quantities which endanger or cause discomfort to <br />workmen underground, it must be removed from the work area. If <br />the water is corrosive or potentially a polutant, it must be stored <br />and treated before disposing of it into existing drainage systems. <br />The miner has by custom "adopted" the mine waters whose existence <br />and care he has accepted responsibility for. <br />7) Water uses after the mine is in operation will be essentially <br />for the same purposes for the life of the mine. <br />S) The ground water domain encompassing applicants coal lands <br />is restricted stratigraphically to the coal bearing Menefee formation <br />and the underlying Point Lookout sandstone. Most of the water wells <br />south of applicant lands are drilled into the Menefee or through its <br />• - 22- <br />