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DOMESTIC USE <br />Since 1993, the mine headquarters have been in close proximity to the Town of Nucla. The <br />domestic needs of the office and maintenance buildings have been supplied by treated water <br />from the Town. The BBA Report uses the record averages for the last five years as a forecast for <br />future uses. The mine facilities will be moved to the south area of NHN sometime in 2012 or <br />2013. Domestic uses will be supplied by a well or series of wells sufficient to satisfy demand. <br />The pumping for the average amounts was modeled for delayed impact and point of impact to <br />Tuttle Draw and the results are shown in the depletion summary, Table 13. <br />IMPACTS TO SURFACE WATER RIGHTS FROM DOMESTIC WELLS <br />As stated in the BBA Report, domestic wells for the NHN mine facilities will be pumping from <br />the Brushy Basin Formation, which is below the coal seam. The point of impact to Tuttle Draw <br />is below the Holder and Charlie Rice Ditches, but above the R &H Development Ditch. <br />For the Cyprus area, lagged effects for domestic well pumping would impact Calamity Draw <br />above the Richards Waste Ditch. This right is always satisfied and has never placed a call. <br />These depletions are included in Table 13. Their points of impact as they relate to affected <br />surface water rights are shown in Figure 2B of BBA report. <br />WELL TO WELL INJURY <br />A well to well injury analysis was completed in the BBA Report for all types of wells in the <br />nearby vicinity. The analysis used pumping from both mine dewatering and the domestic wells. <br />It also evaluated impacts to wells in the Cyprus area from domestic and mine dewatering <br />pumping in the Cyprus tract. The analysis concluded that the maximum possible drawdown of <br />0.85 feet in the neighboring wells would not constitute any injury to those wells. <br />IMPACTS TO SURFACE WATER RIGHTS FROM MINE PUMPING <br />The BBA Report describes the detailed analysis of mine pumping from NHN and Cyprus. <br />Because the mine is continually moving, a centroid of pumping was determined. The mine <br />pumping intercepts ground water that would have eventually returned to the stream system and <br />pumps it immediately into the stream system. The BBA Report evaluated the impact to the <br />stream and found that more water would be put into the stream system in May through <br />September than was there without the pumping. This would actually help the surface water <br />rights that are being used for irrigation. There could possibly be a credit to the stream from this <br />mine dewatering, but it isn't quantified and claimed at this time. <br />Mine pumping at NUN impacts Tuttle Draw at a point below the Holder Ditch but does not <br />affect the Charlie Rice Ditch. In the Cyprus area, the point of impact to Calamity Draw appears <br />above the Richards Waste Ditch. <br />In the months of April and October, there are more lagged depletions impacting the stream <br />system than from discharge from mine dewatering. While the CC Ditch usually starts in late <br />April or early May, some irrigation ditches do start in April. The flow in Tuttle Draw is usually <br />11 <br />