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-15- <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. These ponds have subsequently been built and have <br />been meeting their water supply needs. <br />During the review, it was found that there was no up-to-date complete <br />lisi, of water rights owned by WECC. The water rights owned by WECC <br />were shown on three different tables, each of which having different <br />water rights shown. WECC responded satisfactorily by submitting <br />revised Tab'1e 2.8.5.2.a which list WECC's water rights as of 1981 for <br />both the North Fork drainage and Minnesota Creek Drainage. <br />The following problems have not been satisfactorily resolved and will <br />require stipulations before a finding of compliance can be made. <br />Several problems were identified during the review concerning the <br />effect of WECC's mining operation on the hydrologic balance and <br />consequently water rights of the Minnesota Creek drainage basin. The <br />Division of Water Resources and several concerned citizens have raised <br />questions with regard to the adequacy of WECC's proposed plan for <br />augmentation, and have requested that WECC provide more detailed <br />information on the augmentation plan and that a determination be made <br />on. which water rights will be affected by the operation, and to what <br />extent. In addition, it has been requested that WECC submit this plan <br />for augmentation with the proposed methods of mitigating losses as soon <br />as possible to the Water Court. <br />WECC has provided additional information concerning their augmentation <br />and mitigation plans in response to the informational requests, but at <br />present WECC has not adequately responded to all concerns. However, <br />WECC will not be mining under this drainage basin during the first five <br />year permit term and the Minnesota Creek basin is hydrologically <br />separated from the extent of mining for the first five years by both a <br />surface and ground water divide. Consequently, no impacts are expected <br />within the initial five year permit term. Due to the seriousness of <br />the concern, however, the Division will require the following <br />stipulations to resolve the water issues before application is made for <br />future mining in the Minnesota Creek drainage basin. <br />Stipulation No. 3 <br />THE APPLICANT SHALL CONTINUE TO SUBMIT TO THE DIVISION, COPIES OF THE <br />REPORTS, EXHIBITS AND ALL SUBSEQUENT AMENDMENTS SUBMITTED TO THE <br />GUNNISON COUNTY PLANNING COMMISSION, TITLED PROTECTION OF MINNESOTA <br />CREEK WATER SUPPLY. - <br /> <br />