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iii iiiiiiiiiiiiiiii ~-- RI-VCI9 VCU IN THE DISTRICT COURT IN AND FOR WATER DIVISION s MAR1 4 ~gg~ STATE OF COLORADO Mined Land CASE N0. 90Cw103 ~eolamatlon Division IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF: CYPRUS WESTERN COAL COMPANY C/0 ANNE J. CASTLE HOLLAND & HART P.O. BOX 8749 DENVER, CO 80201 SUMMARY OF CONSULTATION 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 Mine 3 North Pond and Mine 3 South Pond. Applicant claims these ponds were designed and constructed to catch and retain surface runoff from the area tributary to the ponds. Applicant now proposes to Include these ponds in the amended plan for augmentation (Case No. 90CW099), and to store water for a variety of beneficial uses. It is unclear how approval of a Water Storage Right for these ponds will effect NPDES Permit No. CO-0027154, and the zero discharge requirements of the Mined Land Reclamation Division. There are indications 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 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, !t 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. Applicant claims the Mine 3 Ponds are decreed as alternate points of storage for the Water Storage Rights for Eckman Park Reservoirs Nos. 1, 2 and 3, for 153.01 AF (Case Nos. 85CW39 and 79CW132). The storage capacity claimed for the Mine 3 Ponds is 53.01 AF. It appears that the actual capacity of the Mine 3 Ponds may be less than claimed. It is unclear bow applicant plans to store 200 AF in two structures that have a capacity of 50 AF.