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or asphalt plant. This well is located two miles north of the proposed permit <br />area. <br />14. The Applicant testified that it will apply to the State Engineer's Office to <br />change the use of the water well in question to enable it to use that source. <br />15. The Applicant has complied with Rule 3.1.6(1) by committing to apply for the <br />change of use for the water welt. The State Engineer's Offce must decide <br />whether the change of use might impact the Objector. That is beyond the <br />authority of the Board. <br />Diversion Ditch <br />16. The Objector identified a drainage on the proposed mine site known as Moss <br />Gulch and a diversion ditch. An Objector witness testified that water may <br />flow in the ditch and that the proposed operation may impact the ditch. <br />17. If the Applicant expects to affect surface water systems, it must locate water <br />courses on a map and submit a statement showing how it will protect surface <br />water courses, pursuant to Rule 6.4.7(2). <br />18. There is no evidence that the ditch has recently held water, or has been used in <br />the recent past. The Water Commissioner for Water District 13 informed the <br />Applicant that there is no adjudicated water right for this ditch. The ditch <br />appears to be abandoned. <br />19. The Objector was unable to present evidence that the proposed operation <br />would affect surface water flow in Moss Gulch, the diversion ditch in <br />question, or any water course in or near the proposed permit area. <br />4 <br />