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additional supplies of water through augmentation of existing OMLLC water rights. " OMLLC will work with area landowners to restore, replace or provide reasonable compensation for any significant livestock watering sources that are adversely affected by the mining or proposed mining and related operations. Determination of structural damage to ponds and ditches should be easy to determine with visual inspections. Water Rights OMLLC Water Rights Information To describe OMLLC's water rights under Colorado law, Appendix 5 herein contains a summary of District Court, Water Division No. 4, Case No 97 CW 138. To supply the water needs of both the mining operation and the Town of Somerset, Oxbow holds water tights from the North Fork of the Gunnison in the amount of 1.8 c.f.s. OMLLC has also obtained orchard dry up credits from the Deer Trail ditch and water leases from the Fire Mountain canal. The information demonstrates that replacement or augmentation water is available and is of suitable quantity, quality, seniority location and seasonally available. Genera] Discussion and Conclusions Because 1) the baseline information shows that there aze very limited groundwater and surface water resources located within the Elk Creek lease area (see discussions beginning on CDMG permit page 2.04-18), and 2) the 25° Hubbard Creek protection zone is outside of the 254 angle of draw for the planned longwall mining activities in the - - - vicinity of Hubbard Creek, OMLLC believes that no impacts to the hydrologic resources will result from its mining and related operations. It is important to note that during the preparation of the EIS it was determined that groundwater flow from D seam in the Iron Point lease contributes to the perennial flow in Hubbard creek (EIS page 3-49). Due to the many existing surface water and groundwater resources and the plethora of water rights issues within the Iron Point lease, specific lease conditions (preparation of a specific gain/loss analysis on Hubbard Creek, as well as the analysis of water rights, location, source, amounts of decrees, beneficial uses, appropriation and adjudication dates, etc. (per SW-1 found on EIS page 3-54)) were deemed relevant to the hydrologic resources of the Iron Point coal lease tract. In comparison to the Iron Point ]ease tract, as noted in the above sections, there are very few hydrologic resources and no adjudicated water rights located within the Elk Creek lease tract. The EIS concurs by stating on page 3-50: "Given the intermittent and ephemeral nature of the drainages within the Elk Creek Coal lease Tract, as well as their existing steep gradients, the . thickness of overburden, and the natural geologic instability of the area, subsidence would have minimal impact to these drainages. "