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<br />1 ~~ III III III III IIII III <br />~~~~c~VEp <br />IN THE DISTRICT COURT <br />IN AND FOR WATER DIVISION s MAR1 4 ~gg~ <br />STATE OF COLORADO Mined <br />Reclamation and <br />CASE N0. 90CW101 ~iVISIOn <br />IN THE MATTER OF THE SUMMARY OF CONSULTATION <br />APPLICATION FOR WATER <br />RIGHTS OF: ~ <br />~ ~ . . <br />CYPRUS WESTERN COAL COMPANY <br />C/O ANNE J. CASTLE ~'1 <br />HOLLAND & HART <br />P.O. BOX 8749 <br />DENVER, CO 80201 <br />The Dlvislon Engineer and the Water Referee for the Water <br />Division have consulted concerning the Application on file herein. <br />The Division Engineer has made the following comments and <br />recommendations to the Referee: <br />Applicant seeks Court approval of a Water Storage Right for <br />Pond D. Applicant claims Pond D was designed and constructed to <br />catch and retain surface runoff from the area tributary to pond D. <br />Applicant now proposes to include this pond in the amended plan for <br />augmentation (Case No. 90CW099), and to store water for a variety <br />of beneficial uses. <br />In addition to serving as a runoff detention pond, it appears <br />that Pond D is situated so that !t also collects the overflow from <br />Energy Area 1 Pit. It is unclear how approval of a Water Storage <br />Right for Pond D will effect NPDES Permit No. CO-0027154, and the <br />zero discharge requirements of the Mined Land Reclamation <br />Dlvislon. There are Lndications that the MLRD may want to comment <br />on this aspect of the application. <br />It appears that the applicant has attempted to tailor the <br />proposed water storage right so that It conforms to the water <br />storage rights within the Plan for Augmentation decreed In Case No. <br />W-1502-78. Although the uses decreed In W-1502-78 included <br />municipal, commercial, and electrical generation, it appears that <br />no water has been used for these purposes. There are indications <br />that the water may never be used for these purposes. There is <br />evidence to indicate water has been used for the remaining <br />purposes, as claimed in the application. <br />Runoff water from the surrounding area, and the overflow from <br />Energy Area 1 Pit, has been collected and stored In Pond D. It <br />appears that the amount claimed In the application is reasonable. <br />It is recommended that approval be granted as requested In the <br />application, for all uses claimed Ln the application except for <br />municipal, commercial, and electrical power generation. It is also <br />