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From: Lis, Craig [mailto:Craig.Lis@state.co.us] <br />Sent: Fri 9/18/2009 3:18 PM <br />To: Welt, Kathy <br />Subject: RE: Mountain Coal Water Rights per CDRMS Applications TR-118 and TR-119 <br />Kathy: <br />What is the case number for the plan for augmentation? <br />Thanks. <br />Craig <br />From: Welt, Kathy [mailto:KWelt@archcoal.com] <br />Sent: Thursday, September 03, 2009 3:12 PM <br />To: Lis, Craig <br />Cc: Kaldenbach, Tom <br />Subject: Mountain Coal Water Rights per CDRMS Applications TR-118 and <br />TR-119 <br />Hi Craig, <br />In response to your memos of September 1st to Tom Kaldenbach of the CDRMS in regard to <br />Mountain Coal Co's (MCC) application Nos. TR-118 and TR-119, attached are copies of the Water <br />Court diligence filing for Fresh Water Pond No. FW-2 (09CW107) and for the change of water <br />rights (09CW108). These filings are to perfect the nearly 10.0 acre-feet of conditional <br />storage rights in FW-2 and to "reorganize" MCC's other existing storage rights from the <br />current locations of Ponds MB-1 and MB-2, to the new MB-5E. I provide these documents to <br />show that MCC has existing water storage rights that will be handled in Pond MB-5E (as <br />proposed per TR-119 to the CDRMS). Within the FW-2 diligence filing is a discussion (see <br />section 2.C.1. & 2.) of the background and other diligence filings as well which provide a <br />little history and further information on MCC's water rights. Also attached is a copy of <br />MCC's augmentation plan decree, containing additional background information and showing that <br />MCC has sufficient water rights in place to serve its current and proposed operations. <br />Should you have further questions or require additional information, please let me know. <br />Thanks, <br />2