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-19- tabulations and discussions of water rights and mitigation plans are documented in Volumes 5 and 5A. The Orchard Valley mine could potentially damage water rights in three ways. Water for use within the mine is derived from an alluvial well field in Steven's Gulch. Drawdown of this alluvium could affect flows in Steven's Gulch and in the North Fork of the Gunnison. Over a hundred spring-fed or run-off-fed stock ponds, and springs cover the permit area, and many are found in the affected area. Subsidence could affect the structural integrity of these ponds or interrupt flow to springs. Lastly, mine inflows from streams along fractures could diminish adjacent surface water flows. The Orchard Valley Mine proposed to consume approximately 30,000 GPD for use at the mine. In early 1986, they consumed 8700 GPD. This water supply is drawn from a well field which taps the alluvium of Steven's Gulch. The applicant has obtained an approved augmentation plan through Division 4 Water Court to replace water removed from Steven's Gulch. The plan uses releases from East Beckwith No. 1 Reservoir, located in the Anthracite drainage, to compensate for any injury to other vested water rights or, for this purpose, the North Fork alluvium. CWI has designed a mine plan and mitigation plan that provides for protection of water users that could be affected by mining. The mine plan was engineered to exclude arty coal extraction in certain areas underlying adjudicated water rights. Specifically, the north extreme of the lease area is excluded from the mine plan partly to protect water rights in East Roatcap and Terror Creek. In those areas that will be mined limited coal extraction will occur where overburden depth is less than 800 feet. This will minimize the chance of subsidence effects, In areas where overburden depth is greater than 800 feet, subsidence impacts are not predicted. The extraction plan is designed to protect pipelines, stream channels, and adjudicated springs, seeps and ponds. A monitoring plan has been designed to identify impacts to water resources early should they occur. If monitoring shows a water related impact CWI will implement a water replacement/mitigation p1 an, CWI proposes to replace the water supply of arty legitimate water user impacted by the mine until such time as repairs are instituted. The application included specific sources of water owned by CWI that will be called upon. A subsidence repair plan for springs, ponds, streams, and other resources is included in Subsidence Volume 3. These repair plans will be modified and refined depending on future experience with subsidence. The first five year mine plan area is located in areas that do not contain many significant water resources. This will allow CWI to obtain subsidence and repair experience prior to mining sensitive areas. The State Engineer's office was consulted during the course of the application review. However, no approval of the mitigation plan could be granted by the SEO since the SEO is not authorized by law to approve augmentation plans. The Division finds the applicant in compliance with the requirements of this section.