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f. Amount of water that Applicant intends to change: 9.98 acre-feet <br />B. Detailed description of proposed change: <br />1. Complete statement of change, including a description of all water rights to <br />be changed, a USGS topographic map showing the approximate location of historical use of the <br />rights and proposed place of use, and records or summaries of records of actual diversions of each <br />right the applicant intends to rely on to the extent such records exist. In addition, you may submit <br />a report by an engineer that includes this information. Please be aware that early in the <br />proceedings, you will be required to supply detailed information, such as the historical <br />consumptive use on a monthly basis of the water rights you propose to change and an analysis of <br />historical return flow patterns. You are encouraged to provide such information with this <br />application. <br />Applicant is reconstructing and reconfiguring certain ponds at the West Elk Mine as <br />follows: Applicant is enlarging a small existing sedimentation pond to create Sedimentation Pond <br />MB-5E, with a total capacity of 19.59 acre-feet near the decreed location for Fresh Water Pond <br />No. 2; Applicant is filling-in former Sedimentation Pond No. 2 (Pond MB-2) and converting the <br />area to coal storage; and Applicant is reconfiguring former Sedimentation Pond No. 1 (Pond MB- <br />1) so that it may be used as a fresh water pond to store the Fresh Water Pond No. 2 water right <br />and continue to store 3.68 acre-feet of the Sedimentation Pond No. 1 water right. See map <br />attached hereto as Exhibit A-1. Accordingly, Applicant seeks the following changes of water <br />right: <br />a. Change of location of Fresh Water Pond No. 2 from its prior <br />decreed place of storage to storage in the former Sedimentation Pond No. 1, which will now be <br />known as Fresh Water Pond No. 2; <br />b. Change of location of Sedimentation Pond No. 2 from its prior <br />decreed place of storage to storage in the enlarged sedimentation pond under construction, <br />Sedimentation Pond M3-5E; <br />C. Change of location of 9.98 acre-feet of Sedimentation Pond No. 1 <br />from its prior decreed place of storage to storage in the enlarged pond under construction, <br />Sedimentation Pond MME; <br />d. The remaining 3.68 acre-feet of Sedimentation Pond No. 1 will not <br />be changed, but will remain at its current decreed location in what will now be known as Fresh <br />Water Pond No. 2. <br />2. If applicant is correcting the location of a well in an existing decree where <br />the actual location of the well is more than 200 feet from the decreed location, or drilling a <br />-4-