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Elk Mine <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 obligation- <br />the water can be fully depleted. As an industrial water right for mining uses, once North Fork <br />waters are taken into the mine or used on the mine site, the waters can be used "to extinction." <br />This is important because it indicates that MCC is obligated to replace North Fork diversions <br />only during times of call. With current water management practices and current demands, MCC <br />will be able to demonstrate that it has adequate "make-up" water to cover its out-of-priority <br />diversions during both average year and dry year conditions. <br />Other important observations regarding water rights include: <br />1. MCC intends to use the sumps and pumping facility to collect mine water runoff and inflows, <br />and subsequently discharge water that meets NPDES limitations. Once this pumping facility <br />is functioning, MCC's ability to fully replace out-of-priority diversions from the North Fork <br />will be enhanced. <br />2. MCC can segregate clean mine inflow waters within the mine. For example, in late summer <br />of 1996 MCC constructed a french drain collection and piping system in the B East Mains <br />and successfully directed clean water from the fault inflow to the surface. Also, F-Seam <br />colluvial inflows are collected in small sumps (depressions in open cross-cuts or entries) and <br />can be conveyed directly to the emergency spillway of MB-1 and subsequently into the North <br />Fork. The quality of the inflow water is adequate to ensure that the NPDES limits will be <br />satisfied. <br />• 3. MCC has decreed the fault inflow water (Case No. 97CW242) in Colorado Water Court. <br />MCC has also appropriated waters stored in the NW Panels sealed sumps and filed for <br />storage rights 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 North Fork surface <br />diversions, the B East Mains or 14SE Headgate fault inflows or MCC's utilization of the sealed <br />panels sumps. <br />Mine Water Svstem <br />The mine water management system (as of 2004) is shown schematically in Figure 22, The <br />discussion of the mine water system is divided into surface water management and underground <br />water management. <br />Surface Water Management <br />In general, surface water management consists of raw water diversions from the North Fork, <br />management of the sedimentation ponds, and operation of the water and wastewater treatment <br />plants. All of these activities are conducted in the context of rules and regulations from <br />(primarily) the Colorado Water Quality Control Division (CWQCD) for NPDES permits and the <br />• SEO for water rights. <br />1.05-218 Revised November 2004 PRIO; Rev. May 1006 PRI G <br />