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.e -ls- Three categories are considered when investigating water availability: the existence of flood irrigation, the capability of the area to be flood irrigated, and the presence of subirrigation. The applicant demonstrated that significant subirrigation is not present in the canyon. This is based on a Zack of vegetation types that rely on or indicate the presence of subirrigation. Information in the application which inc.iuded documentation from the Soil Conser- vation Service, demonstrated that no significant flood irrigation or potential for flood irrigation exists within the study area. The stream flowing through the canyon is ephemeral in nature, only flowing in direct response to rainfall or significant snowmelt. The valley floor itself is disturbed in many places from past mining activities and contains soils that are poorly suited for agricultural use. Based on this information, it was concluded that the canyon contained insufficient water to support agricultural activities. Since the Division agrees with the applic;ant's results that show no alluvial valley floors within the affected area, the following findings required by Section 2.06.8(5) of the Regulations and 34-33-I14(2)(e)(I) of the Act can be made: Findings: 1. The proposed surface coal mining operations would not interrupt, discontinue, or preclude farming on an alluvial valley floor. (2.06.8(Sj) 2. The proposed surface coal mining operations would not materially damage the quantity and quality of water in surface and underground water systems that supply alluvial valley floors or portions of alluvial valley floors. 3. The proposed operations will be conducted in accordance with Section 4.24 and a1Z other applicable requirements of the Act and these Rules. 4. Any change in land use of the lands covered by the proposed permit area and adjacent area, from its post-mining use in or adjacent to alluvial valley floors will not interfere with or preclude the reestablishment of the essential hydrologic functions of the alluvial valley floor. The operation is in compliance with the requirements of this section. VIII. Water Rights and Replacement - Rules 2.04.7(3), 2.05.6(3), 2.07.6(2) and 4.05.25 The Division reviewed the application with regard to water rights issues. Only a limited amount of water is and will be used at the mine. Consumption consists primarily of road dust suppression. The source of water is from nearby Trinidad, which is brought in by water truck. No consumption from wells or surface water takes place, as this would be illegal without proper water rights. Storage rights were also considered by the Division. Water volumes in excess of 2 acre-feet may not be impounded for more than 72 hours without proper storage rights. A review of the pond designs contained in the application shows that no pond will impound more than 2 acre-feet of water permanently. Furthermore, alI ponds have dewatering devices installed that will be used to drain the pond within 72 hours of the rainfall event.