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-2- <br />Please also note that we are issuing a revised copy of Supplemental <br />Report S-2 dealing with the hydrology and erosion control measures for <br />reclamation. During review of data and calculations related to the hydrology, <br />an error in the areas used to evaluate run-off from catchment was discovered. <br />The result of this error has been to increase the calculated peak flow rates. <br />The revised report contains the corrected areas and recalculated peak flow <br />rates. The ditches and channels to be constructed at reclamation are <br />designed for ease of construction and maintenance-free operation. The <br />re suiting channel capacity was as much as ten times the initial calculated <br />peak flow values. The recalculated flow rates are still considerably less <br />than the channel capacities provided for in the design. Accordingly, no <br />revision of the design of the ditches has been made necessary. <br />The following item was raised in the Colorado Division of Water Resources <br />Letter of April 9, 1984. <br />Item: Homestake Mining Company should seek water rights to store run-off <br />from the basin in the South Pit and in the sedimentation reservoir. If <br />Homestake wishes to store water during periods of river administration, <br />a plan of augumentation is necessary. <br />Response: The question as to whether col]ection of surface water run-off <br />or accumulation of ground water and subsequent detention in reclaimed <br />mine pits, which would result in some additional evaporative losses, <br />constitutes a beneficial use of water for which a water right is required, <br />is not clear in Colorado law. If it becomes appropriate and, to the extent <br />that Homestake might adversely affect the availability of surface water to <br />downstream water users during the period of time the South Lake is filling, <br />provisions could be made as necessary to protect the other water users. <br />As is explained in Supplemental Report S-2, the available dead storage of <br />the lake is about 1,115 acre feet. The average annual yield of the Indian <br />Creek watershed was reported in our 1977 application as 3,640 acre feet. <br />Further compensating against adverse impacts or downstream flows is the <br />fact that the drainage area into the lake will be reduced 200 acres prior <br />to breaching the Crown Ditch and about 500 acres after breaching the ditch. <br />This area is a small portion of the 9.1 square mile drainage area of Indian <br />Creek and the 32.1 square mile drainage area of Marshall Creek upstream of <br />the confluence with Indian Creek. Thus Homestake does not anticipate adverse <br />effects on water uses during the gradual filling of the South Pit lake. In <br />addition, ground water will contribute to the inflow, thus lessening the <br />effect on surface water even more. Home stake's existing water rights at <br />the Pitch Mine would be sufficient to protect any senior appropriators in <br />the Gunnison Basin. However, it would be premature to formalize any plan <br />of augumentation or exchange until the law has been clarified, and until a <br />determination has been made as to the amounts of water involved and the <br />timing of flows. <br />Once the South Pit lake is filled, essentially continuous flow is <br />anticipated to be maintained based on ground water inflow into the lake, <br />precipitation, and seasonal run-off. It is important to explain that the <br />amount of water that could be evaporated from the lake surface would be <br />sma71, especially when compared to the water yields of the affected water- <br />sheds. The average annual net evaporative loss for the mine area is about <br />4.5 inches. The maximum surface area of the lake plus the sedimentation <br />