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change to make the Colorado agricultural standard for manganese conform to the original EPA <br />guidance (Colorado Water Quality Control Commission, undated). Consequently, these exceedences <br />are not considered significant. <br />Water Rights <br />CDMG also requested in the TR-36 adequacy letter, dated December 28, 2004, that SCC update the <br />water right information for the permanent impoundments, as necessary. SCC has decreed water rights <br />for Pond 002, 003, 004 and Pecoco Impoundment. The decrees are presented in Appendix 7-8, Seneca <br />Coal Company Water Rights. Decreed amounts are summarized here: <br />• Pond 002 - 270 acre-feet (Case No. 77W-1151) <br />• Pond 003 - 6.0 acre-feet (Case No. 77W-1147) <br />• Pond 004 -19.0 acre-feet (Case No. 82CW62) <br />• Pecoco Impoundment -1.0 cubic feet per second (Case No. 77W-1154) <br />SCC filed for a water right for Sedimentation Pond 005 at the Seneca II-W Mine in 1991. The Colorado <br />Division of Water Resources (CDWR) denied the water right application since the water was not to be <br />put to beneficial use. Correspondence regarding this water court filing is presented in Appendix 7-8.1. <br />Consequently, it is SCC understanding that a water right application for Pond 008 is not needed since it <br />is impossible for SCC to demonstrate a beneficial use for the water. Therefore, SCC does not need to <br />file for a water right for this pond. <br /> <br />TR-37 7-382 Revised 04/05 <br />