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-15- <br />The items of concern which have been satisfactorily resolved will be <br />dealt with first. <br />The Division of Water Resources in their March 26, 1980 and January 30, <br />1981 memoranda to MLRD indicated that an application for a well permit <br />would be required of WECC before seepage water from the overburden and <br />water from strata below the coal could be used in the mine, and that <br />before the permit could be approved, WECC must show that other water <br />rights would not be injured. WECC responded satisfactorily by stating <br />on revised page 3-39, Section 3.2.8.2.a of the application that water <br />from strata below the coal and seepage water through the overburden <br />will be utilized only when WECC's rights to this water are in <br />priority. At all other times, they will be discharged following <br />appropriate treatment to insure maintenance of effluent limitations, to <br />the North Fork. <br />WECC indicated on Figure 3.2.8.A of the original application that <br />disturbed area runoff and excess mine water would either be discharged <br />to the North Fork of the Gunnison or reused in the mine. The Division <br />of Water Resources said that if the water is to be reused, WECC would <br />have to obtain a water right for the water. Since the basin is already <br />over-appropriated, the applicant would have to provide existing water <br />rights to augment the downstream water rights that would be directly <br />affected by the use of the runoff water or would have to demonstrate <br />the other water rights would not be injured. WECC responded <br />satisfactorily by filing water rights case Nos. 80CW455, 80CW456, and <br />80CW457 on the portal and sediment pond discharges, and stated on <br />revised page 3-39, Section 3.2.8.1 of the application that these waters <br />will be reused in the mine or diverted to mine use only during the time <br />that WECC's water rights are in priority. At all other times, these <br />waters will be held for water quality compliance and discharged to the <br />North fork. <br />WECC stated that surface water amounting to 150 acre-feet per year <br />would be pumped from the North Fork of the Gunnison River, and that <br />they obtained the conditional Mt. Gunnison Pipeline water right for 15 <br />cfs, No. W-2982, to meet this need. The Division of Water Resources <br />indicated that this was a very junior right and could only be used <br />during snowmelt runoff or in the non-irrigation season, and that WECC <br />would have to provide additional storage to meet project needs during <br />periods of administration. WECC responded satisfactorily by stating <br />that two fresh water ponds each containing 10 AF have been proposed <br />(Section 3.3.5 of the application), and that when conditional water <br />right W-2982 is in priority the ponds will be filled directly from the <br />North Fork. WECC further stated that the water in the ponds is <br />projected to be sufficient to meet the needs of the mine during periods <br />of administration. <br />