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The applicant has been found to be in canpliance with NPDES and Receiving <br />Stream Standards that are regulated by the Colorado Department of Health, <br />Water Quality Division. This is verified in the approved NPDES permit number <br />C-0037-52. <br />VII. Water Rights and Replacement - Rules-2:04:7(3), 2.05:6(3)(a)(11), <br />2.0 .6 2 c and 4.05.15. <br />Information regarding Water Rights and Replacement is found in Sections 2.04.7 <br />and 2.05.6 and Appendix I of the permit application. <br />The operation is being conducted in the South Platte River Basin which is over <br />appropriated, therefore, any new use of tributary ground water would be very <br />junior and could only occur if a plan of augmentation has been approved by the <br />Water Court or the State Engineer in emergency situations. Although the <br />applicant states that replacement water would be replaced if a "call" exists, <br />the replacement of water must be included in a formal Plan of Augmentation. <br />Because the South Platte is over appropriated, the use of pit water for dust <br />suppression would have to be replaced by augmentation water. All water stored <br />in the pit or stored in clay-1 irred, nondewatered ponds would also have to be <br />replaced by augmentation. Because of these concerns a stipulation was <br />included in the original permit which required the permittee to submit to the <br />Division and the State Engineer's Office a detailed mitigation plan for <br />depletion of tributary water. The applicant, CEC, submitted a mitigation plan <br />in February, 1985 to the Colorado Division 1 Water Court. Currently, the <br />water court has not yet reached a decision on the mitigation plan. Until a <br />final decision is reached CEC is required to submit a substitute water supply <br />plan each year. <br />-15- <br />