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West Etk Mine Jumbo Mountain -Three of the nine water resources undermined in the Jtunbo Mountain tract aze adjudicated water rights (Reference Nos. 7-11 & 16-19 on Map 37A). One of the three, Raymond Wilcox ReservoirNo. 2, was found to be dry with no spring inflow during the summer of 1993. No flows were measured as well, from five of the remaining six (non-adjudicated)resources identified above azeas proposed to be mined. Investigation of the Division of Water Resources records in 1994 showed no documentation of historical flows and, thus, no beneficial use, for any of the Jumbo Mountain water rights. Based on monitoring data obtained during anine-month period (September 1993 through May, 1994), the physical water supply is only a fraction of the decreed diversion rate. Of the eight decreed ponds and "reservoirs" with a surface source (at least in part), the cumulative flows measured are approximated by the total annual precipitation on the north side of Jumbo Mountain (i.e. "natural augmentation" of measured (actual) flows). In addition, the majority of the adjudicated water resources on Jumbo Mountain are located down-dip of the proposed mining and outside the permit area. No effect to these resources from mining is projected as water migrating down-dip through the B-Seam would still enter the colluvium of the ancient landslide on the north slope of the mountain. The colluvium in this area will not be mined under, as no minable B-Seam exists. The overburden is generally greater than 370 feet, as well, and no impact is anticipated. In any case, if effected, Mountain Coal Company will repair the water right resource to measured flows or storage amounts or enhance the right within and up to the decreed amount. I~ Svlvester Gulch -Engineering analysis indicate that there is a small probability that the mining in the Apache Rocks and Box Canyon permit revision azeas will deplete Sylvester Gulch flows (see Section 2.05.6 (3)(b)(iii & viii), Surface Water Quantity Effects. There aze three decreed water diversion systems in the Sylvester Gulch drainage (Table 44). All of these rights are owned and controlled by MCC. MCC realizes that there may be injury to these rights and will accept that possibility and does not plan to augment them within the Sylvester Gulch basin. However, depletions that may occur to Sylvester Gulch flow could affect senior North Fork water rights if a call for junior Sylvester Gulch water rights is made. (See North Fork Gunnison River below). Call records for the North Fork aze presented later in this section. As discussed below, MCC has a significant North Fork water rights portfolio that is available to cover Sylvester Gulch depletions, if necessary (Table 45). North Fork Gunnison River -Though unlikely, subsidence may potentially reduce North Fork flows due to disruption of streamflows, springs, and groundwater, each of which aze discussed below. • 2.05-170 Revisedlun. /995 PR06; Revised Nov. 19981880; 1/98 PR08