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E~ <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />1 <br /> <br />C~ <br /> <br />~~ <br />C~ <br /> <br />r <br />99 <br />1 consumptive use. There is nothing in the water <br />2 court case that indicates that it is and I haven't <br />3 seen enough of the mine application, or I just <br />4 haven't found anywhere in their mine application <br />5 where, in fact, they have accounted for the <br />6 approximately 170 acre-feet per year that will be <br />7 used for operation. <br />8 Taking water from the stream is no <br />9 different than putting a huge pot out and depriving <br />10 the water users. That seems to be a fairly <br />11 important point and I don't know what documentation <br />12 they have brought up. <br />13 With respect to their present right to <br />14 use water, I know that they did get a temporary <br />15 substitute supply plan for 3 acre-feet for 3ust <br />16 control. I don't know what the status of their <br />17 temporary request is a for 500 acre-feet. <br />18 It is clear, however, as Dave acdmitted, <br />19 that 500 acre-feet is insufficient to run tyre mine <br />20 itself, but rather will be adequate during ].990 for <br />21 the start-up period. <br />22 What that means is, once their temporary <br />23 substitute supply plan runs out, if they are denied <br />24 any of the water rights that they seek in the water <br />25 court adjudication in 89-CW-5 or 89-CW-32, they will <br />AGREN, BLANDO & BILLINGS <br />