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IV. Applicant shall extend pumping times and otherwise regulate pumping <br /> practices to reduce potential impacts on neighboring wells. <br /> V. Once the dredge has been assembled, de-watering activities shall <br /> cease. <br /> VI. In the event the Western Mutual Ditch or its shareholders are injured <br /> by Applicant's dewatering activities, Applicant shall be required to <br /> cease all de-watering activity until such injury is remedied and <br /> Applicant demonstrates that no such injury will occur in the future. In <br /> addition, Applicant shall be required to compensate Western Mutual <br /> Ditch Company for damages sustained as a result of any injury <br /> caused by Applicant's activities. <br /> VI I. No water shall be discharged to the Western Mutual Ditch. <br /> VI I I. The Applicant shall install two measuring weirs and clocks prior to the <br /> commencement of dewatering to measure the effect of dewatering on <br /> the Ditch. Both the Applicant and Western Mutual Ditch Personnel <br /> shall have ready access to these structures and records. <br /> IX. Mining depth shall be limited to fifteen feet below the static water <br /> level. <br /> 2. The Applicant must demonstrate an ability to augment ground water evaporation <br /> losses from the pits at full build out. Applicant currently owns insufficient water for <br /> augmentation. A 112 permit should be made contingent upon Applicant's <br /> demonstration of ownership or control of water sufficient to augment evaporation <br /> losses and adjudication of a decreed augmentation plan. <br /> EXHIBITS <br /> 1. Leaf Engineering Letter Reports dated February 28, 2001, March 26, 200, and May <br /> 31, 2001. <br /> 2. Copies of water decrees for the Western Mutual Ditch. <br /> 3. The permit application, all materials submitted by Applicant to the Division of <br /> Minerals and Geology, and all correspondence between the Division and the <br /> Applicant. <br /> FAKIMMESTERN.MUT\Platte Sand\Pleadings\010604 DMG Pre-Hearing Statementmpd <br /> 2 <br />