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<br />appeal. This policy is from the Office of the State Engineer, memorandum 95-4, dated <br />March 13, 1995, and can be found in Appendix B. The Tatum windmill well, under the <br />current State Engineer's Office policy, would be considered abandoned and would be <br />denied registration. <br />According to the State Engineer's Office, the burden of proof that an injury to a water <br />right has occurred rests with the user. Also, a user must demonstrate that it has been <br />injured and cannot meet its historic use of the water. The user must attempt to <br />mairimi~e the production of the source by lowering the pump in the well and making <br />sure the saturated thickness of the aquifer is fully penetrated. <br />Hydrologic impacts from mirang in the permit area are to be minimized according to the <br />Coal Program laws and regulations, but not necessarily prevented. The DMG has not <br />received any data that would indicate that hydrologic impacts with regard to the Tatum <br />well have not been minimized. <br />10 <br />