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Figure 2.13, the point of impact from pumping for mine dewatering and domestic use at NI-12 <br />occurs to Tuttle Draw below both the Charlie Rice and Holder Ditches. Therefore, the only <br />depletions to replace for the Charlie Rice Ditch call are the evaporative amounts from NH Mine <br />Ponds 11 and 15. <br />As shown in Exhibit H -2 to the Proposed Decree, there are 47.62 acres of land that are part of <br />the 67.18 acres dried up for 34 shares. These 47.62 acres are in the current NI-12 mining area. <br />About half of that acreage had historical irrigation flows that returned to Enstrom Draw above <br />the Charlie Rice Ditch; the other half returned to Tuttle Draw below the Holder Ditch. Mine <br />personnel have stated that there is a piping system in place that delivers water from the West <br />Lateral of the CCD to a location just north of NH Mine Pond 11. This water will flow directly <br />into Enstrom draw above the Charlie Rice Ditch. Replacement of depletions and historical <br />irrigation return flows can be made there. A flow meter or Parshall flume may be needed at that <br />location. These local replacement obligations are shown in Table 16, page 1. <br />It should be noted that the Charlie Rice Ditch, as described in its decree, diverts from Enstrom <br />Draw on the left side (looking downstream) of the stream. The owner has built another ditch at <br />the same diversion point, but on the right side that irrigates different lands than what was <br />described in the original decree. This new ditch is undecreed, and as such is not be able to place <br />a call. <br />The Holder Ditch is located in a northern tributary of Tuttle draw. NH Mine Pond 1 and NHN <br />Pond 1 are located in this tributary. According to Figure 2.13. of the BBA Report and Exhibit J <br />to the Proposed Decree, the point of depletion impact from pumping for mine dewatering occurs <br />directly west of the NHN area in a tributary of Coal Canyon. Therefore, the only depletions to <br />replace for a Holder Ditch call are the evaporative amounts from NH Mine Pond 1 and NHN <br />Pond 1. Those replacements can be made by a storage release from NH Mine Pond 1. It may <br />also be possible to release CC Ditch water from the Second Park Lateral through NHN Pond 1. <br />It is noted that The Holder and Charlie Rice Ditches are currently owned by the same person. <br />The R &H Development Ditch is located at the bottom of Tuttle Draw just above the confluence <br />with the San Miguel River. If this structure placed a river call, augmentation replacements can <br />be made using CU credits released at the CC Ditch Box 1 to Tuttle Draw. Storage releases can <br />be accomplished from any of the Ponds in Tuttle Draw mentioned above. <br />The locations of the CC Ditch Elliot lateral Headgate to Calamity Draw and the CC Ditch Box 1 <br />to Tuttle Draw are shown in Exhibit E to the Proposed Decree. The water from these structures <br />enters the draws upstream of the point of impact from the depletions, making their locations <br />adequate to replace depletions associated with the mining process. <br />In Coal Canyon, the DWR database does not show any water rights from the NHN area <br />downstream to its confluence with the San Miguel River. <br />12 <br />