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-15- <br />The mine inflows adjacent to Hubbard Creek do not show any measurable <br />seasonal variation in flow. This woulu indicate that they are not <br />hydrologically connected directly to the surface water system. !f the <br />inflows were tributary to the Hubbard Creek one would expect the flows to <br />increase during spring runoff and decrease during low flow in early fall <br />which is not the case. <br />For the purposes of a worst case analysis the Division assumed that mine <br />inflows adjacent to the Hubbard Creek could be tributary to surface <br />water. The total mine inflows wider and adjacent to the Huboard Creek <br />valley is approximately U.29cfs. The purpose of the analysis was to <br />determine whether any impacts to downstream water users could be <br />identified until such time as monitoring data affirmatively demonstrated <br />that mine inflows were nut tributary to surface water. The following <br />indicates that downstream water users will be protected. <br />There are two ditch owners downstrean from the mine on Hubbard Creek. The <br />ditches are the Mays and Deertrail diversions that are used for <br />agricultural irrigation on the North Fork of the Gunnison near the town <br />of Bowie. The ditches have a combined capacity of 3.9 cfs although the <br />actual amount of water consumption is less than capacity. Ten years of <br />water use included in the application shows that the diversion use is <br />variable. In general, water use is highest during the high flow ,nonths of <br />May and June. The State Engineers Uffice indicates tPrat Hubbard Creek is <br />not an over-appropriated basin (i.e. water users on the creek have never <br />requested that a 'call' be placed on junior avatar rights holders). A low <br />flow of record in 19ttu produced an estimates 3.0 cfs of water available <br />to the Hubbard Creek water users with no shortage of water being reported <br />and no calls fur water from either the U. S. Steel mine or the Blue Ribbon <br />Mine in Hubbard Creek. <br />The North Fork of the Gunnison River is however, an over-appropriated <br />oasin. Any depletions ~o the North Fork could be significant to <br />downstream water users. U. S. Steel only consumes an estimated LU/ of mine <br />inflows under a'well pernrit issued by the Colorado SEU. Tire remainder of <br />excess mine water is pumped out of tine mine and returns to the North Fork <br />of the Gunnison. The discharge from the mine averages U.24 cfs. <br />The well permit which covers the 20`/ of mine inflows conswned at the <br />operation was issued in 19713. This is a junior water right that could oe <br />suoject to calls during a dry year. U. S. Steel has identified two water <br />rights tributary to the North Furk of the Gunnison that are owned by the <br />mine that could ue used to mitigate any impacts to downstream water <br />rights holders. The two water rights are each for 404 gallons per minute <br />or a total of dU8 ypm. The water rights were issued in 19UL and 194;1 <br />which makes them senior water rights which would (rave priority even <br />during ury years. ibis information shows that if an impact to a <br />downstream water right holder is identified in the future as a result of <br />the operation, U. S. Steel has sufficient water rights that could be used <br />to mitigate the impact. <br />Based on this information the operation was found to be in compliance <br />with the requirements of this section. <br />