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The exact location and size of the ponds in the Cyprus area are not know at this time and are <br />therefore given a zero surface area in the evaporation calculations. The methodology set forth <br />above will be used to calculate evaporative depletions associated with any ponds constructed in <br />the Cyprus area. <br />NOTE: The next three sections -- Domestic Use, Well -to -Well Injury and Impacts to Surface <br />Water Rights from Mine Pumping were more expressly considered and addressed in the January <br />2013 Engineering Report prepared by Bishop Brogden Associates, Inc. ( "BBA Report"), which <br />is attached. The following are summaries of the analyses contained in the BBA Report. <br />DOMESTIC USE <br />Since 1993, the mine headquarters have been in close proximity to the Town of Nucla, and 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 recorded averages for the last five years as a forecast <br />for future domestic uses. These mine facilities will be moved to the south area of NHN <br />sometime in 2012 or 2013 with domestic uses being supplied by a well or series of wells. The <br />pumping for the average amounts was modeled for delayed impact and point of impact to Tuttle <br />Draw and the results are shown in the depletion summary, Table 13. <br />POTENTIAL IMPACTS TO SURFACE WATER RIGHTS FROM NHN DOMESTIC <br />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 potential point of impact to <br />Tuttle Draw is below the Holder and Charlie Rice Ditches, but above the R &H Development <br />Ditch. <br />For the Cyprus area, lagged effects for domestic well pumping would impact Calamity Draw <br />above the Richards Waste Ditch. This water right has been historically satisfied and has never <br />placed a call. <br />The depletions included in Table 13 have their points of impact as they relate to affected surface <br />water rights shown in Figure 211 of the BBA Report (Exhibit J to the Proposed Decree). <br />WELL -TO -WELL INJURY ANALYSIS <br />Well -to -well injury analysis was done for the BBA Report for all types of wells in the nearby <br />vicinity. The analysis considered 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 />such pumping would be at most an estimated 0.85 foot decline in the water levels in the <br />neighboring wells. As a result, there would not be any injury to those wells. <br />10 <br />