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-11- <br />VI. Water Rights and Replacement -Rules <br />Information regarding water rights and replacement was provided in Section <br />2.04.7 of the Second Adequacy Response. <br />The primary surface water right within the permit and adjacent areas is owned <br />by the City of Florence through purchase and condemnation of all surface water <br />rights on Newlin Creek. This water right includes the entire natural flow of <br />Newlin Creek. The water from Newlin Creek is conveyed to the town of Florence <br />via a buried pipeline. The water is used as a secondary source of municipal <br />water during peak city water use. A portion of this pipeline crosses the mine <br />permit boundary. Subsidence effects from the mine have the potential to damage <br />or break the pipeline. To mitigate this potential impact, the operator <br />committed to repairing damage to the pipeline caused by Dorchester Coal Co. <br />mining operations. <br />The operator identified three wells within the affected mine study area that <br />could be affected by the operation: <br />1. Thompson well- T20S, R70W, Section 25, depth 338', yield unknown. <br />2. Corley Company well- T20S,R70W, Section 24, yield 1 gpm. <br />3. Corley well No. 2 - T20S,R70W, Section 24, yield unknown <br />A discussion of potential effects to these wells is discussed in this document <br />in the probable hydrologic consequences Section (Section VII) and in the <br />subsidence section (Section XX). The operator will be monitoring observation <br />wells located in affected aquifers between the mine and the adjacent wells. <br />This will enable the Division to promptly identify ground water impacts <br />outside the permit area before they extend to any water wells in the area. In <br />addition, the operator is obligated to replace the water supply of anyone who <br />is injured by the operation in accordance with State Water Law (Rule 4.05.15). <br />Figure 2.05.6-2 of the Second Adequacy Response is a schematic diagram <br />illustrating water use and consumptive use for the Dorchester No. 1 Mine. The <br />operator has not provided documentation that well permits have been obtained <br />for all consumptive uses in the mine. The operator also neglected to verify <br />that storage rights have been obtained for water holding ponds. The Division <br />therefore imposes the following stipulation: <br />Stipulation No. 3 <br />WITHIN 180 DAYS OF PERMIT ISSUANCE THE OPERATOR SHALL PROVIDE <br />DOCUMENTATION THAT THE APPROPRIATE FILINGS HAVE BEEN MADE WITH THE STATE <br />ENGINEERS OFFICE OR APPLICABLE WATER COURT REGARDING THE STORAGE AND <br />CONSUMPTIVE USE OF WATER AT THE MINE. <br />With the acceptance by the operator of this stipulation the Division finds the <br />operation in compliance with the requirements of this section. <br />