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~ti -. ~• IN THE DISTRICT COURT IN AND FOR WATER DIVISION 6 STATE OF COLORADO III IIIIIIIIIIIII III RECEIVEC~ MAR 1 4 1991 CASE N0. 90CW102 Mined Land Reclamation Divig('pn IN THE MATTER OF THE SUMMARY OF CONSULTATION APPLICATION FOR WATER RIGHTS OF: CYPRUS WESTERN COAL COMPANY C/O ANNE J. CASTLE HOLLAND & HART P.O. BOX 8749 DENVER, CO 80201 The Division Engineer and the Water Referee for the Water Division have consulted concerning the Application on file herein. The Division Engineer has made the following comments and recommendations to the Referee: Applicant seeks Court approval of a Water Storage Right for Pond F. Applicant claims Pond F was designed and constructed to catch and retain surtace runoff from the area tributary to pond F. Applicant now proposes to include this pond in the amended plan for augmentation (Case No. 90CW099), and to store water for a variety of beneficial uses, It Ls unclear how approval of a Water Storage Right for Pond F will effect NPDES Permit No. CO-0027154, and the zero discharge requirements of the Mined Land Reclamation Division. It appears that the MLRD may want to comment on this aspect of the application. It appears that the applicant has attempted to tailor the proposed water storage right so that It conforms to the water storage rights wlthtn the Plan for Augmentation decreed in Case No. W-1502-78. Although the uses decreed in W-1502-78 included municipal, commercial, and electrical generation, It appears that no water has been used for these purposes. There are indications that the water may never be used for these purposes. There is evidence to Indicate water has been used for the remaining purposes, as claimed !n the application. Runoff water from the surrounding area has been collected and stored in Pond F. It appears that the amount clamed in the application is reasonable. It is recommended that approval be granted as requested in the application, for all uses claimed In the application except for munLcLpal, commercial, and electrical power generation. It is also recommended that a copy of the ruling and decree be sent to the Mined Land Reclamation Division, 1313 Sherman Street, Room 215, Denver, CO 80203.