2012-06-20_PERMIT FILE - C2010089A (29)

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mining permit area. These ponds must capture and control the water for a specific period of time to allow the sediment to settle out of the water. The pond releases are also monitored for water quality. Occasionally, the ponds are also used for irrigation and as a pumping site to fill trucks for dust suppression. Water uses for the mine were initially addressed in an augmentation plan decreed in 1988 in Water Court Case No. 88CW55. The engineering report in that case was prepared for Peabody Coal Company by Geotrans Engineering and Construction Services, Inc. in April 1988 ( "1988 Report"). This report reviews the 1988 Report and proposes new and revised ways to ensure that present and future mine uses can be augmented and will not cause injury to the wells and water rights of others. SUMMARY OF WATER RIGHTS OWNED BY WESTERN FUELS Western Fuels owns numerous decreed water rights associated with their mining activity. Many of them were decreed by Peabody Coal Company and transferred to Western Fuels in 1992 when the mine was purchased. These rights are summarized in detail in Table 1. This table also describes subsequent court actions associated with the rights. There has never been a call on the lower San Miguel River, Calamity Draw or Tuttle Draws. These areas have been declared as non - overappropriated by the Colorado Division of Water Resources. Current water uses for the mine are within their current water rights and their CC Ditch water rights as changed in case 88CW55. CC DITCH SHARES OWNED AND USED BY WESTERN FUELS As of May 2010, Western Fuels owned 115 shares in the CC Ditch. This report analyzes two different portions of those shares. It starts with the 27 shares changed in Case No. 88CW55 that irrigated 74 acres. It then evaluates the consumptive use (CU) credits from dry -up of acreage associated with an additional 34 shares. Western Fuels also purchased the Kelly Ranch east of Nucla for possible land exchanges. The acquisition included 54 shares. These shares are still being actively used for irrigation on the 80- acre ranch and will not be included as part of this report and revised Augmentation Plan. SHARE USE IN THE CC DITCH SYSTEM In the CC Ditch system, shares can be used anywhere the owner calls for them. The water is not tied to certain acreage as in some federal projects. Because of the large number of landowners under the CC Ditch, and because the shares are often moved around in land sales, there is undoubtedly a large variation in the ratio of acres per share. The CC Ditch has 3250 shares to irrigate approximately 5288 acres. This information was derived from the DWR database based on a 2005 assessment of irrigated acreage under the Canal. 2