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West Blk Mice <br />is, the endangered fish species in the lower Colorado River will not be harmed as a <br />consequence of MCC's water management practices, because MCC has introduced (during <br />1996) and will likely continue to introduce more water than it will divert from the North <br />Fork on an annual basis. <br />An important point to note relative to MCC's in-priority diversions using the Mount Gunnison <br />Pipeline is that they aze 100 percent "consumable." That is, MCC has no return flow <br />obligation-the water can be fully depleted. As an industrial water right for mining uses, once <br />North Fork waters are taken into the mine or used on the mine site, the waters can be used "to <br />extinction." This is important because it indicates that MCC is obligated to replace North <br />Fork diversions only during times of call. With current water management practices and <br />current demands, MCC will be able to demonstrate that it has adequate "make-up" water to <br />cover its out-of-priority diversions during both average yeaz and dry yeaz conditions. <br />Other important observations regazding water rights include: <br />:i <br />1. MCC intends to use the sumps and pumping facility to collect mine water runoff and <br />inflows, and subsequently dischazge water that meets NPDES limitations. Once this <br />pumping facility is functioning, MCC's ability to fully replace out-of-priority diversions <br />from the North Fork will be enhanced. <br />2. MCC can segregate clean mine inflow waters within the mine. For example, in late <br />summer of 1996 MCC constructed a french drain collection and piping system in the B <br />East Mains and successfully directed clean water from the fault inflow to the surface. <br />Also, F-Seam colluvial inflows are collected in small sumps (depressions in open cross- <br />, cuts or entries) and can be conveyed directly to the etnergency spillway of MB-1 and <br />subsequently into the North Fork. The quality of the inflow water is adequate to ensure <br />that the NPDES limits will be satisfied. <br />3. MCC has appropriated the fault inflow water and has filed applications for a decree <br />from Colorado Water Court for water rights on the fault inflows. MCC has also <br />appropriated waters stored in the NW Panels sealed sumps and filed for storage rights <br />on the sumps in 1997. <br />Based on available evidence, WWE has concluded that there are not significant, if any, <br />hydrologic impacts from a water rights perspective associated with either Nonh Fork surface <br />diversions, the B East Mains or 14SE Headgate fault inflows or MCC's utilization of the sealed <br />panels sumps. <br />2.05-178 <br />RsvisedJ~m. 1945 PRO6; Revised Nav. 19981880; IN8 PR08 <br />