PERMFILE120318

• Permit No: C1996083A
• IBM Index Class Name: Permit File
• Doc Date: 5/11/2004
• Section_Exhibit Name: Exhibit 01 Coal and Water Rights
• Media Type: D
• Archive: Yes

J.E. Stover January 16, 2004
Bowie Mine No. 2 Ponds D, J & K Substitute Supply Plan Page 2
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available for use herein. Although Case No. W-3106 required replacement releases at a rate of
1.852 times the diversion amounts from well used to supply water for the Orchard Valley Mine
(now known as Bowie Mine No. 1), the decree also stated "The division engineer shall adjust the
transportation loss and historic use factor he deems it necessary to prevent injury..." Therefore,
per Case Nos. 97CW 138 and 97CW244, the- historic use has been adjusted to 46%, and the
transportation loss has been adjusted to 50%, which results in a credit of 0.23 acre-feet for every
1.0 acre-feet of water released from the reservoir. Since adequate engineering documenting the
historic use of the Deer Trail Ditch water rights has not been submitted, these rights have not
been considered as a source or replacement water for this plan. If your client wishes to include
these water rights in the plan, you must submit the crop consumptive use analysis (i.e. Blaney-
Criddle analysis), to support the claimed consumptive use credits, for our review.
Annual evaporation is estimated at 1.57 acre-feet, as shown in Table A (attached), and is
based on a total surface area of 0.60 acres. This corresponds to the total surface area at the level
of the pond outlets. The total dead storage capacity is 1.56 acre-feet. Therefore, maximum
potential annual depletions are estimated as 3.13 acre-feet. As proposed, depletions are to be
replaced at a ratio of 1 acre-foot of releases to 0.23 acre-feet of depletions. Therefore, the
maximum potential replacement requirement is 13.6 acre-feet, which is equal to the amount
remaining under the lease. Evaporative depletions and replacement requirements for Pond D
covered under the portion of the plan approved under CRS 37-92-308(5) amount to 0.45 acre-feet
and 1.96 acre-feet, respectively. All remaining depletions and replacement are covered under
CRS 37-92-308(4).

This substitute water supply plan is hereby approved pursuant to CRS 37-92-308(4) & (5), •
subject to the following conditions:
1. This plan shall be valid through December 31, 2004, unless otherwise revoked or
modified. Plan renewal requests must be submitted to this office no later than November
16, 2004
2. Provide the name, address and phone number of the person who will be responsible for
the operation of the plan to this office, the Division Engineer (Frank Kugel, PO Box 456,
Montrose, CO, 81401,1elephone 970-249-6622) and the Water Commissioner (Bob Starr,
PO Box 416, Hotchkiss, CO, 81419, telephone [phone]) within 20 days of the
receipt of this approval.
3. The use of water shall be limited to evaporation and pond filling. The surface area of the
ponds at the level of the outlet must not exceed 0.60 acres. Consumptive uses for pond
evaporation losses must not exceed 1.57 acre-feet per year under this plan, and the
dead storage capacity of the pond must not exceed 1.56 acre-feet. No additional uses of
the water are allowed unless approved in writing by this office.
4. Replacement water is to be supplied by releases from East Beckwith No. 1 Reservoir.
The replacement water will be released/delivered according to the schedule included in
this plan {see attached Table A), subject to modification by the division engineer or water
commissioner. If needed, replacement water for the filling of the ponds will be released at
the discretion of the division engineer or water commissioner (see Table B for pond
replacement requirements). The replacement water used in this plan cannot be sold or
leased to any other entity during the term of this approval. •
5. Transit fosses may be modified at the discretion of the division engineer.
6. Accounting reports are to be submitted to the division engineer and water commissioner