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-16- During the review, it was found that there was no up-to-date complete list of water rights owned by WECC. The water rights owned by WECC were shown on three different tables, each of which having different water rights shown. WECC responded satisfactorily by submitting revised Table 2.8.5.2.a which list WECC's current water rights for both the North Fork drainage and Minnesota Creek Drainage. The following problems have not been satisfactorily resolved and will require stipulations before a finding of compliance can be made. Several problems were identified during the review concerning the effect of WECC's mining operation on the hydrologic balance and consequently water rights of the Minnesota Creek drainage basin. The Division of Water Resources and several concerned citizens have raised questions with regard to the adequacy of WECC's proposed plan for augmentation, and have requested that WECC provide more detai]ed information on the augmentation plan and that a determination be made on which water rights will be affected by the operation, and to what extent. In addition, it has been requested that WECC submit this plan for augmentation with the proposed methods of mitigating losses as soon as possible to the Water Court. WECC has provided additional information concerning their augmentation and mitigation plans in response to the informational requests, but at present WECC has not adequately responded to all concerns. However, WECC will not be mining under this drainage basin during the first 5-year permit term and the Minnesota Creek basin is hydrologically separated from the extent of mining for the first 5 years by both a surface and ground water divide. Consequently, no impacts are expected within the initial 5-year permit term. Due to the seriousness of the concern, however, the Division will require the following stipulations to resolve the water issues before application is made for future mining in the Minnesota Creek drainage basin. Stipulation No. 3 THE APPLICANT SHALL SUBMIT TO THE DIVISION COPIES OF THE REPORTS, EXHIBITS AND ALL SUBSEQUENT AMENDMENTS SUBMITTED TO THE GUNNISON COUNTY PLANNING COMMISSION, TITLED PROTECTION OF MINNESOTA CREEK WATER SUPPLY. Stipulation No. 4 ALL DATA AND REPORTS SUBMITTED TO THE STATE ENGINEERS OFFICE AND DITCH COMPANIES SHALL BE COPIED TO MLRD AS INCLUSIONS WITHIN THE QUARTERLY REPORT REQUIRED UNDER SECTION 4.05.13(2) OF THE RULES AND REGULATIONS. Stipulations No. 5 NEITHER WEST ELK COAL COMPANY, NOR ANY SUCCEEDING OPERATOR OF THE MT. GUNNISON PROJECT'S COAL LEASES AND RESERVES WILL BE PERMITTED TO MINE COAL WITHIN THE MINNESOTA CREEK BASIN, UNTIL MLRD HAS RECEIVED A COPY OF AN ADJUDICATED PLAN OF AUGMENTATION.