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conditions, poor grazing conditions, and information submitted by the Delta Soil <br /> Conservation District, the Division has made a negative alluvial valley floor <br /> determination for the: 90-acre tract on the Dry Fork of Minnesota Creek. <br /> The applicant has delineated those areas along the main stem of Minnesota Creek <br /> where agricultural activities are supported by irrigation or flood irrigation. For <br /> these areas the flow regime of Minnesota Creek is totally controlled by a series of <br /> reservoirs and diversion ditches. Beaver Reservoir effectively regulates spring <br /> runoff on the East Fork as it is being filled. Reservoir releases regulate stream flow <br /> during late summer. Minnesota Reservoir effectively regulates spring runoff from <br /> Dry Fork with reservoir releases controlling late summer flows. Additionally, the <br /> Deep Creek Ditch, an inter-basin diversion, supplies water to Minnesota Reservoir <br /> to satisfy the Reservoir Company's refill right. During low flows (i.e., irrigation <br /> demand periods), the: Turner and Minnesota ditches effectively dry up Minnesota <br /> Creek. Below this point return flow utilization, if any, is the water source for <br /> activities during low flows. <br /> One of the concerns raised during the initial adequacy review of the previous permit <br /> renewal application was that there may be water depletion effects in the Minnesota <br /> Creek basin from the: mining operation under worst-case projections. If this were to <br /> occur, the effects could be felt down to and including the Turner and Minnesota <br /> Ditches. Because of this, a request was made of the applicant to identify all known <br /> AVFs that may derive their water supply from these ditches and to include alluvial <br /> deposits and agricultural areas along Minnesota Creek to the confluence of the North <br /> Fork net Paonia. Agricultural areas were to be identified as either subirrigated or <br /> flood irrigated. This information was needed by the Division to make the finding <br /> that no material damage would result to downstream water users as a result of future <br /> or anticipated mining; by MCC. Map 66 in the permit application delineates those <br /> areas along the main stem of Minnesota Creek where agricultural activities are <br /> supported by irrigation or flood irrigation. <br /> Mountain Coal Company also provided an augmentation plan which ensures that <br /> there is no injury to water rights served by the Minnesota Creek basin. In addition, <br /> MCC volunteered information which demonstrated that use of water earmarked for <br /> the augmentation plan will not result in significant adverse impacts to AVFs. <br /> Additional mapping was conducted for areas in Minnesota Creek Basin that could <br /> potentially be affected. The point of augmentation is to be the Turner Ditch <br /> headgate. MCC contended that the only possible areas of the Minnesota Creek basin <br /> that could be affected lie above the Turner Ditch headgate. The Division rejected <br /> this rationale and, because of a lack of information, must assume that all alluvial <br /> deposits along Minnesota Creek from the west section line of Section 2, T14S, <br /> R90W to the confluence of the North Fork near Paonia fit the criteria of an alluvial <br /> valley floor. This does not include those areas subsequently mapped as part of the <br /> water augmentation plan alluvial valley floor investigation, submitted March 23, <br /> 1987. Based on the above information for the Minnesota Creek Drainage, Life of <br /> Mine AVF determination, the Division makes the following findings: _ <br /> 52 <br />