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I 2. During the period subsequent to May, 1976, the applicant has invested in excess of 540,000,000 on its Craig Project. These expenditures incluAe rental costs on exist- ing coal leases; the acquisition of adjoining lands and surface ownership over areas already under mineral lease; equipment costs for mining equipment such as draglines, cranes, trucks, and tractors; contraction work expenditures; extensive environmental analyses have been ongoing, in- cluding water considerations. The actual mining of coal, which first commenced in June, 1977, has been continuing, and approximately 4,850,000 tons have been mined since that date. Currently, mining operations are maintaining a pro- duction level of about 2.3 million tons annually. 3. B~~ the "Craig Station Fuel Agreement" entered into as of March 1, 1973, between Utah international Inc., as seller, and Colorado-Ute Electric Association, Inc., Platte River Municipal Power Association, Tri-State Generation and Transmission Association, Inc., and Salt River Project Agricultural Improvement and Power District, as buyers, buyers may acquire the right to use from the Synthetic Products Ditch direct flow right an amount of water, aver and above that available to buyers from other sources, necessary to operate buyer's Craig Station electricity generating units R1 and A2, as referred to in the agreement, and to service seller's mining operation. The water right remains the sole property of the applicant, and Utah Inter- national intends to beneficially use the water under that decree to the extent not committed to buyers under the Fuel Agreement. By letter dated January 25, 1974, Buyers gave notice to Utoh International that buyers desire to use, under the terms of the Fuel Agreement, 18,760 acre feet of water annually delivere3 at the rate of 25.84 cubic feet per second of time out of the Synthetic Products Ditch right.