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:. _.. IN THE DISTRICT COURT IN AND FOR WATER DIVISION 6 STATE OF COLORADO CASE N0. 90CW104 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF: CYPRUS WESTERN COAL COMPANY C/0 ANNE J. CASTLE HOLLAND do HART P.O. BOX 8749 DENVER, CO 80201 iii iiiiiiiiiiiu iii REL~I9~ED MAR 1 4 ~gg~ Mined Land Reclamation Division SUMMARY OF CONSULTATION The Division Engineer and the Water Referee for the Water Dtvlsion have consulted concerning the Application on Pile herein. The Division Engineer has made the following comments and recommendations to the Referee: Applicant seeks Court approval of a Pond A. Applicant claims pond A was des catch and retain surface runoff from the pond. Applicant now proposes to Include for augmentation (Case No. 90CW099), and variety of beneficial uses. Water Storage Right Por fined and constructed to area tributary to the pond A In the amended plan to store water for a It is unclear how approval of a Water Storage Right for this pond will effect NPDES Permit No. CO-0027154, and the zero discharge requirements of the Mined Land Reclamation Dtvlsion. It appears that the MLRD may want to comment on this aspect of the application. Applicant should be advised that Pond A is a Jurisdictional dam. Because Pond A was constructed as a detention pond pursuant to the NPDES permit, the applicant has been exempted from the dam safety requirements associated with Jurisdictional dams. Approval of a water storage right for Pond A will reinstate the Jurisdictional dam status, and Pond A w[11 have to meet all the requirements Imposed on Jurisdictional dams. It appears that the applicant has attempted to tailor the proposed water storage right so that it conforms to the water storage rights within the Plan for Augmentation decreed in Case No. W-1502-78. Although the uses decreed in W-1502-78 include 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 In the application.