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was subsequently amended to include industrial and domestic use in ~ addition to the originally assigned use for irrigation. Present • ~ rights are for 10 cfs (7200 ac-ft) of which 490 ac-ft are designated as shared absolute consumptive use. The remaining water is designated as absolute flow-through rights. Forty-five ac-ft were allocated by NCIG to the Riverbend Subdivision, a housing development one mile east of the mine site. (88 CW231): This water right was awarded to NCIG in 1989, a right to 1440 ac-ft from the Colorado River. This water will be transported to the NCIG system via a diversion point along the River. The design and construction of this diversion is discussed below. According to the ruling dated December 6, 1988, by the District Court, Water Division No. 5, Colorado 4: "The point of diversion is' located on the South Bank of the Colorado River in Section 35, T. 5 S., R. 90 w. of the 6th P.M. at a point 1260 feet west of the ' East line and 1890 feet North of the South line of said Section 35." (See copy of entire ruling in Exhibit 9.3-5) (88 CW232): This right is a storage right acquired by NCIG in 1984. This a~~~ard gives NCIG the right to store up to 2000 ac-ft of water within the operational area. An application will be filed at the appropriate time with the District Court, Water Division No. S, Colorado, to relocate the storage right to an onsite location and an underground storage facility. This is approximately six times the amount of water required annually during the five-year permit period. The presently owned water rights are sufficient to cover any economic production level even in the case that economic conditions allow a doubling of the production tonnage during later permit extensions or renewals, The water rights which will be used for this mining project and for maintaining the tenant farming (ranching) operations are summarized . NCIG - Coal Ridge }~1 4-31 ABC/1145/910509 •