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<br />B. Augmenting Industria] Water Use to Prevent Injury <br />(1) Purpose of the Augmentation Plan <br />Paragraph 6.A.(2) of the decree provides [hat: <br />The Plan of Augmentation described herein shall be [he basis for all new uses <br />of water at the Nucla and Nucla East Mines. The Plan will augment out-of- <br />prioritydiversions bythe Applicant for industrial uses ofwater. The Plan will <br />also document the Applicant's ability to mitigate any adverse hydrological <br />impacts its mining operation may have on existing water users in the vicinity <br />offfie Nucla East Mine, as required by the Colorado Mined land Reclamation <br />Division. As long as Applicant complies with all of the conditions of this <br />Ruling no injury will result to other water rights. <br />(2) ~ ~ Structures Augmented <br />• <br />The decree expressly contemplated that several stmctures would be augmented, <br />including Ponds 001, 002, 004, 005, and 006 afthethen-existing Nucla Mine; and Pond 007 <br />whichwastobeconshvctedforthethen-contempiafe3NuclaEastMine. Decree~2.B.(1} <br />(6)and6.A.(1). A(lofthePondsareusedtocontrolsurfacenutofl;reducesediment,comply <br />withwate[ quality regulations andstorewater for subsequentbeneficialuse atthemines;and,~ <br />inaddition, Pond 007 was to be used for controllingwaterpumped from theNucla EastMme <br />"in the process of dewatering the excavation." Decree 9 6.A.(1). <br />(3) Mitigating Adverse Hydrological Impacts of Pit Dewatering <br />As the decree notes, "[d]ewatering~ihe mine pit may result in a lowered groundwater <br />table in the vicinity of the mine." Deaee y 6.B.(1)(a). The volume of water entering the <br />mine pit was calculated [o be 43.8 acre fee[ per yeaz. Decree ~ 6.B.(Ixc). To mitigate <br />adverse hydrological impacts on existing waterusers resulting from dewatering ofthe Nucla <br />East Mine pit, the decree provides that "mifigation water" will be released from the High <br />Line Canal and the Ponds' m the vicinity of the potentially-impacted existing water users." <br />Decree ~ 6.B.(1)(b). However, mitigation is only required under the augmehtation plan <br />`4vhere existing water users might be impacted.^ Decree 9 6.B.(1)(d). All but two of the <br />then-existing wells in the area used a deeps aquifer than the one affected by pit dewatering; <br />and the decree determined that even those two shallower wells "should not be adversely <br />affected because of the moderate drawdowns occurring." Decree 9 6.B.(lXd). <br />The decree further determined, therefore, [hat only surface water users might be <br />• <br />REVISED MARCH 2006 Attachment 2.05.3(3)-16-12 <br />