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t? en, <br />.Jag E Larm <br />Fuels saurcL <br />MEWAMW <br />RE,COVO <br />NOV 2 4 2009 <br />November 15, 2009 <br />Division of Keclamati I <br />Mining and Safety <br />Colorado Department of Water Resources <br />Water Division 4, Division Engineer NOV 2 Q 2009 <br />PO Box 456 GRAND JUNCI10N 'FIELD OFFICE <br />DIW&ON OF <br />Montrose, CO 81402 RECLAMATION MINING & SAFETY <br />/I boa 7- 049 <br />Re: Whirlwind Mine Water Rights Case No. 07CW69, Annual Report <br />Dear Division Engineer, <br />In accordance with Water Rights Case No. 07CW69 Ruling of referee and Decree, signed <br />December 28, 2007, Energy Fuels Resources Corporation (Energy Fuels) is submitting <br />this annual report summarizing diversions and depletions from or at the Whirlwind Mine <br />well. <br />Mine water seepage into the mine is collected in the Whirlwind Mine sump (well). Mine <br />water is then periodically pumped into the untreated water tank located on the surface. <br />When the tank is sufficiently full, water is treated and discharged to the surface in <br />accordance with Water Discharge Permit No. CO-0047562. A totalizing and <br />instantaneous flow meter is installed in the treatment plant to measure water discharged <br />to the surface. In addition to dewatering of the mine workings, mine water is consumed <br />as moisture in mined material and evaporation from the mine workings (in ventilated <br />mine air) and from the untreated water tank. <br />Energy Fuels estimates that 3.4 acre-feet of water was consumed and diverted from the <br />Whirlwind Mine from November 2008 through October 2009. The Whirlwind Mine <br />conditional water rights permit allows for consumption and diversion of 24.4 acre-feet <br />per year. The attached tables summarize the water diversions from each primary source. <br />Please consider these tables to be accounting sheets developed to account for water <br />consumed and diverted at the Whirlwind Mine well. <br />Energy Fuels, Inc. 44 Union Blvd., Suite 600 <br />www.energyfuels.com Lakewood, Colorado 80228 <br />Phone: 303-974-2140 <br />Fax: 303-974-2141