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<br />-30- <br />Stipulation No. 7 required a mitigation plan for protecting agricultural <br />activities along the White River. Based on the installation of Kenney <br />Reservoir within the area potentially affected by pumping water from the White <br />River alluvium, the requirements of Stipulation No. 7 are no longer <br />applicable. The portion of the alluvial valley floor in the vicinity of the <br />Deserado Mine well field previously used for agriculture is now completely <br />underwater year round. Two other agricultural areas (alfalfa fields) located <br />upstream from the well field are above the water level of the lake, however <br />recharge to the alluvium is now controlled almost entirely by the reservoir. <br />Any pumping activities at the alluvial we 11 field will have no measurable <br />effect on sub-irrigation water levels in either of the two crop areas. As <br />such, Stipulation No. 7. is considered resolved. <br />No other surface facilities are proposed by the permittee which would in any <br />way significantly affect agricultural activities established on the alluvial <br />valley floor of the White River. No underground mining activities are <br />proposed beneath any portions of the identified AVF during the permit term or <br />over the proposed life of the mining operation. <br />Therefore, pursuant to Rule 2.06.8(5) (i) and (iii), the Division finds that: <br />The proposed surface coal mining operation will not interrupt, discontinue or <br />preclude farming on an alluvial valley floor; and <br />The proposed surface coal mining operation will not materially damage the <br />quantity and quality of water in surface and underground systems that supply <br />alluvial valley floors or portions of alluvial valley floors. <br />The operation is in compliance with the requirements of this section. <br />VIII. Water Rights and Replacement - Rules 2.04.7(3), 2.05.6(3)(a)(ii <br />rr3-~ro~ ,. _..a ~ ~ , <br />Portions of the application relevant to surface and ground water rights in the <br />vicinity of the mine have been submitted to the Office of the State Engineer, <br />Division of Water Resources. The State Engineers' Office has determined that <br />there are no problems with the operation with respect to water rights. <br />Section II.C.4, pages 102-104 of Volume 1 of the application contains <br />information on water rights in the vicinity of the operation. The application <br />indicates that of the water rights existing within 70 square miles <br />encompassing the lease area, all are surface water rights for the direct use <br />of White River water. <br />The permittee has secured rights for 180.3 cfs from the Moon Lake-Staley Mine <br />Pipeline and Reservoir located at the alluvial well field in the NS i/4, SE <br />1/4 of Section 11, T2N, R101W. A second water right obtained by Western <br />Fuels, listed under Moon Lake Power will allow them to withdraw 6 cfs from a <br />diversion point downstream of the mine on the White River near Rangely (Page <br />V-1 of Volume 4 of the permit application). This water supply exceeds the <br />estimated requirement of the mine, and would be available as an alternative <br />water supply should mining operations adversely impact the surface water <br />regime. If tension cracks from subsidence cause stock ponds in the Scullion <br />Gulch basin to lose impounded water, for example, supplies from the Rangely <br />