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West Elk Mrne <br />water rights were harmed as a consequence of storing water in the stunps. Furthermore, <br />North Fork minimtun stream flows were maintained during this period. <br />• 3. There will likely be no net North Fork depletions, because mine discharges (including the <br />fault water inflows) will equal or exceed surface diversions. Further, MCC will continue <br />to ensure that any North Fork water which is diverted when the Mount Gunnison Pipeline <br />is out of priority will be fully replaced by its other North Fork replacement water (i.e. <br />Fire Mountain Canal Leased water from Fast Beckwith No. 1 Reservoir, etc). <br />4. After the new pumping facility is operational, there will continue to be no affect to senior <br />water rights diversions in the North Fork because the pumping facility will contribute <br />flows to the North Fork well upstream of these diversions, as well as, MCC's intake <br />gallery. Also, any out-of-priority diversions will continue to be replaced with releases <br />from East Beckwith No. 1 Reservoir or MCC's other North Fork water rights. <br />5. After analyzing the 1996 North Fork diversions and return flows, WWE concluded that <br />there were no Section 7 (of the Endangered Species Act) issues that arose from MCC's <br />management of the fault water inflows, including use of the sealed panels sumps. That <br />Table 46 Mountain Coal Company's Diversions, Return Flows and Depletions <br />~` ~i <br /> Total Total Return North Fork <br />Timespan SignificanceotSpeciTiedTimespan Diversions Flows Depletions <br /> (acre-feet) (acre-feet) (acre-feet) <br />CalendarYeazl994 Reflects condition az mine prior to B East 197 79 +118 <br />Calendar Year 1995 Mains fault inflow and utilization of sumps. 224 293 fig <br /> 1996 differed substantially from "typical" _ <br />CalendarYeaz 1996 yeaz due to B East Mauls fault flow starting 276 433 -157 <br /> in March and sump utilization beginning in <br /> November. <br />March through October Reflects condition az mine prior to B East 148 48 +100 <br />1994 Mains Fault inflow and utilizationof sumps. <br />March through October 158 218 -60 <br />1995 <br />- ------------------------- ----------------------------------•---------- <br />During this timespan in 1996, MCC was •------°--------- ------------------- ------------------ <br />March thtnugh October experiencing inflows from the B East Mains 169 332 -163 <br />1996 Fault, but MCC was not diverting fault <br /> inflows into the NW Panel sealed sump. <br />November through Reflects condition ar mine prior to B East 43 48 -5 <br />December 1994 Mains fault inflow and utilization of sumps <br />November through 49 32 +17 <br />December 1995 <br /> MCC began to divert North Fork waters into <br />November through the NW Panel sealed sump in November 60 44 +16 <br />December 1996 1996 and the practice continued through the <br /> ehd of 1996 (December3l). <br />' Re[um Flows wen: ass~ed m be combined discharges from Poffis iNB-1 aM MB-2R. <br />r Depletions equal diversions mhrus mum flows. Negative depletions indicate that there was a ret gain yr the North Fork due to MCC. <br />I- <br />2.05-177 Revrsed.hm. 1995 PR06; RevrsedNov.1998 7880: 11-8 PROS <br />