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0 Erb <br />November 15, 20 10 <br />Fueb. RaoscurcLasNOV 2 2 2010 777" ? y" <br /> <br />Colorado Department of Water Resources DK*"R Of mien, <br />Water Division 4, Division Engineer WIR9 and Sa(sily NOV 17 2010 <br />PO Box 456 GP.!NJ w._; ; rr?C <br />Montrose, CO 81402 SFr ?,,rT^ ?r?,! <br />Re: Whirlwind Mine Water Rights Case No. 07CW69, 2010 Annual Report <br />Dear Division Engineer, /4/1 ` X 0 a 0 tj <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 2010 Annual Report summarizing diversions and depletions from or at the <br />Whirlwind Mine well. <br />The Whirlwind Mine has been operating in intermittent status as of June 2009. During <br />this period only maintenance activities have been performed at the mine. Through <br />December 2009, mine water seepage into the mine was collected in the Whirlwind Mine <br />sump (well) and periodically pumped into the untreated water tank located on the surface <br />where it was treated and discharged to the surface in accordance with Water Discharge <br />Permit No. CO-0047562. Following the December 2009 treatment and discharge, mine <br />water collection and treatment was temporarily suspended and remains suspended at this <br />time. Currently, mine water is not being diverted or consumed. <br />Energy Fuels estimates that 0.3 acre-feet of water was consumed and diverted from the <br />Whirlwind Mine from November 2009 through October 2010. 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 />Please feel free to contact me at (303) 974-2151 if you need any additional information. <br />Sinncerely-, <br />Z ch o IT <br />Environmental Engineer <br />Attachment <br />Cc: Scott Gerwe (BLM, Grand Junction Field Office) <br />Russ Means (DRMS) <br />Dick White, Frank Filas (Energy Fuels) <br />Energy Fuels. Enc. 44 Uniou Blvd., Suite 600 <br />vwww,encrgyfuels.com Lake,?ood, Colorado 80128' <br />Phone: 303-974-2I40 <br />Fax: 301-974-2 l4I