2016-05-04_PERMIT FILE - C1982056 ‎(7)‎

• Permit No: C1982056
• IBM Index Class Name: Permit File
• Doc Date: 5/4/2016
• Section_Exhibit Name: 2.06 Special Categories of Mining
• Media Type: D
• Archive: No

Area, of subirrigation along Fish Creek can be determined from the detailed soil mapping unit holes
described in Exhibit 15, Typical Pedon Descriptions. and it 16. Soil Mapping unit descriptions. Backhoe
• pits excavated along Fish Cree"hich encountered water and the depth to water are:
2 - Outlet Portion 46";
Slocum Portion 60";
3 - Unnamed Portion 681'
Abel Variant Portion 85";
5A - Absher fine sandy loam 40-60"; and
56A - Tonks loam 12".
All other excavated holes had no water so it is safe to assume that soils covered by these mapping units
(Map 17, Premining Soils), contain sufficient amounts of water to allow for subirrigation.
Areas that could potentially be Flood irrigated are depicted on Map 15, Alluvial Valley Floors and Water
Rights. As can be observed from this map, the irrigation feasibility study conducted along Foidel Creek in
connection with Permit 79-177 and from the Foidel Creek Mine Findings document, there is insufficient
water flow in Foidel Creek to allow for flood irrigation.
Along Fish Creek, six decreed water diversions have been granted including the South side, Koll, Mager,
Rawlinson, Corliss and Boettler Ditches. Of these six ditches, the South side, Koll and Mager ditches are
not being used and records from the Colorado Division of Water Resources Office indicates that they have
not been active since at least 1954. No known usage or information exists on the Rawlinson Ditch and
according to Truman Manes, the District Water Engineer, they can not locate any evidence of this ditch
and feel that it probably has been abandoned. The Boettler and Corliss Ditches are in current use. Thus,
of six decreed water rights, only two are currently utilized. TCC believes thatsince-the wa er rights in
• these areas are junior and potentially subject to call, the possibility of new development of lands in a basin
where current water.rights exceed the amount of available water are extremely unlikely. Since current
demand utilizes only two of six ditches, TCC feels that historic trends are the best prediction of future
irrigation demands.
At the confluence of Foidel Creek and Middle Creek, the alluvial valley floor characteristics have been
thoroughly studied in both the Energy Mine No. 3 and Fish Creek Tipple Permits. The extent of
alluvium and areas of subirrigation are addressed in these documents. Since the detailed information
presented in these applications has been repeatedly deemed insufficient, a further discussion of these areas
is presented in the crop soil tolerance study presented below.
TCC conducted a reevaluation of the potential Flood irrigation considerations for the areas along Foidel
Creek. As shown on Map 15, Alluvial Valley Floors and Water Rights, no irrigation diversions occur
along Foidel Creek. The waters diverted to Flood irrigated lands in this area originate from the Leiske
Ditch and Connell Ditch on Trout Creek. The Foidel Creek Mine Findings Document states on page 18
that waters used to flood irrigate this area is also diverted from Foidel Creek. The Energy Mine No. 3
Findings Document reports on page 16 that waters diverted from Foidel Creek is used to irrigate the flood
plains located at the confluence of Foidel Creek and Middle Creek. These assessments are inaccurate. No
waters from Foidel Creek are diverted to irrigate these areas. Since the Foidel Creek Mine Findings
Document for permit C-056-82 concludes on page 14 that the potential alluvial valley floor areas will not
be affected by the proposed Foidel Creek Mine, TCC concurs with this finding and believes that this issue
"need not be considered further."
• (4) Application contents for operations affecting alluvial vallev floors.
MR 97-151 2.06-10 Rcviwd 11-109107