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Ditch rights are used predominately for irrigation within Twentymile <br />Park. Almost half of the ditch rights along Trout Creek are classified <br />as being undoubtedly predominates. <br />CWCC owns 100% of the adjudicated ditch rights on Foidel Creek, Middle <br />Creek and Whetstone Creek and 100% of the conditional' rights on Trout <br />Creek and Fish Creek (TABLE 4). CWCC only controls 38.5% of the <br />adjudicated ditch rights in Fish Creek, however, the ditches it owns, <br />Rawlinson and Boettcher, account for 3.16 cfs and have the highest <br />adjudicated ranking along the creek. Rawlins on ditch is upstream, north <br />of site 16 and Boettcher Ditch is downstream, west of the Fish Creek <br />Tipple. As the average low flow on Fish Creek is approximately 3.0 cfs, <br />it would appear that CWCC would control all the available ditch water on <br />Fish Creek during low flow periods. <br />TABLE 4: Ditch Rights <br /> Ditch Rights (cfs) <br /> Adjudicated Conditional Total <br /> CWCC Total CWCC Total CWCC Total <br />Foidel (Quantity) 13.33 13.33 - - - 13.33 <br />(% of Total) 100% <br />Middle (Quantity) 2.5 2.5 - - 2.65 2.65* <br />(% of Total) 100% <br />Trout (Quantity) 52.78 52.78 494.34 494.34 547.12 547.12 <br />(% of Total) 100% <br />Fish (Quantity) 7.5 19.49 144 144 15.15 163.49 <br />(% of Total) <br />Whetstone (Quantity) 27.05 27.05 - - 27.05 27.05 <br />(% of Total) 100% <br />*The adjudication type of Flaten Springs was not identified. <br />Two water rights issues were discussed during the permit review process. The <br />Division was concerned that the control of water rights by CYCC could result in the <br />utilization of waters by the surface mines for mitigation, leaving Foidel Creek <br />Mine without access to waters for mitigation: Additionally, the Division requested <br />the applicant address the quality of waters used for mitigation. The applicant <br />provided sufficient documentation supporting their assertion that the Foidel Creek <br />Mine and the adjacent surface mines would not significantly impact and preclude the <br />existing utilization of surface waters, alluvial waters and bedrock aquifers used <br />for drinking water. Thus, there was no need to address the Division's concerns. <br />The Division finds the operation in compliance with the requirements of this <br />section. <br />-31- <br />