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<br />Motion for Conditions <br />Permit Application No. M-2005-080 <br />Page 3 of 9 <br />or quality of water in surface and groundwater systems both during and after <br />the mining operation and during reclamation shall be minimized bymeasures, <br />including, but not limited to: <br />"(a) compliance with applicable Colorado water laws and regulations <br />governing injury to existing water rights; <br />"(b) compliance with applicable federal and Colorado water quality laws <br />and regulations, including statewide water quality standards and site- <br />specific classifications and standazds adopted by the Water Quality <br />Control Commission;" <br />Exhibit G to the Application stated water would be obtained from "an appropriate supplier": <br />"Consumptive use of water will be as dust suppression on the haul road, stockpiles <br />and working face. Allen Drilling and Excavating will purchase the necessaryvolume <br />of water from an appropriation supplier. The amount required for dust suppression <br />is undetermined at this time." <br />The App]icant's Apri114, 2006, Response to the Division's First Adequacy Review, dated April 15, <br />2006, stated for the first time that an on-site well was planned as a water supply: <br />"12. Gary Thompson of W. W. Wheeler and Associates indicates the project will <br />require approximately 3.0 acre-feet with only 1.65 acre-feet consumes [sicJ <br />as evaporation loss in the gravel washing process and in the concrete batch <br />process. The water source will be an on-site well with pump rate less than 4 <br />gallons per minute. Please refer to the encloser [sicJ containing more <br />specific information." <br />There is no evidence in the application or in any documents found in the Division files that <br />any water supply well exists on the site, nor is there any evidence that an on-site well permit has been <br />applied for or approved by the Office of the State Engineer. No permit was furnished in Applicant's <br />exhibits provided at the June 15, 2006 Prehearing Conference. The records of the State Engineer's <br />Office were seazched bythe undersigned counsel for the subject properly, and the onlypermits found <br />in the State Engineer's records for the site were permits for three monitoring holes. <br />Prior to the use of any water for dust suppression, gravel washing and/or concrete batching <br />activities, the Applicant must identify the source of the water to be used and must provide <br />