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5. The lack of water resources within the Elk Creek lease was discussed extensively during our meeting, as well as the resultant challenge monitoring very limited and variable hydrologic resources. Phase II ofthe Water Replacement Plan involves a reassessment of the Elk Creek lease hydrologic resources in coordination with Agency personnel to reconfirm the status the hydrologic resources. OMLLC and Agency representatives will then jointly develop additional monitoring programs, if deemed appropriate. Such monitoring would be agreed upon by all affected parties and would also be crafted so as to facilitate a reasonable, measurable determination of injury to the existing hydrologic resources. 6. BLM and the Colorado Division of Water Resources (CDWR) are continuing discussions with respect to the tabulation of BLM's claim of Bear Creek in- stream flow rights. Due to the lack of reliable and consistent water flow in Beaz creek, OMLLC believes that the issue will have little bearing on the function of an overall Water Replacement Plan. As a result of these discussions, OMLLC has reorganized the water replacement plan into two primary Phases. The following table summarizes the elements of Phase I and Phase II of the Plan. OMLLC's Phase I commitments are completed. Phase I includes the commitment to complete an inventory of hydrologic resources, demonstrate a source ofpossible replacement or augmentation water, develop an initial water replacement plan and develop an initial hydrologic monitoring program. The final item in Phase I includes a review and concurrence by the BLM and USFS of the overall Two-Phased Water Replacement Plan approach. Upon agreement with the timeline and the contents of the Plan, the BLM agreed to provide a concurrence letter to OSM for mining on the Federal coal lease. TIMELINE Phase I and Phase II of the Water Replacement Plan activities are summarized by the following timeline: