2013-03-22_REVISION - C1981008 (2)

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that no significant changes to the PHC are predicted as a result of the post- mining topography. Id. The Board was provided evidence that the entire Morgan Property will be properly contoured and graded to allow for the best possible success in irrigation, hydrologic flow, and drainage while minimizing adverse impacts to the hydrologic balance and use of gated pipe and furrow irrigation methods would be possible should Plaintiffs decide to employ that method. Id. C. Irrigation Design, Irrigation Method. and Crop Selection Plaintiffs allege, in cursory fashion, that "it was arbitrary and capricious for [the Board] to order an irrigation method [sideroll sprinklers] that will not work for established crop uses [corn] ". Opening Brief, p. 30. The fact that Plaintiffs' disagree with the findings of the Board as they relate to irrigation via siderolls does not render those decisions arbitrary and capricious. i. PR -6's Approved Irrigation Method and Crop Selection Resulted from Consultation with the Plaintiffs and Approval by NRCS The Board considered evidence regarding irrigation design, irrigation method, and crop selection. R: 7316 -7318, 7360 -7363. WFC utilized the 60 shares of CCC water and NRCS's design criteria for the acre /share ratio for post -mine irrigated pastureland (alfalfa) areas. R: 6319. The Board considered evidence that each irrigated field on the Morgan Property was individually designed by NRCS scientist Jim Boyd, in consultation with the Plaintiffs, using the NRCS approved Colorado Irrigation Design and National Engineering Handbook guides. R: 6319 -6328. Specifically, a March 8, 2010 letter from NRCS scientist Jim Boyd states: At the request of the Morgan family I have designed a sideroll irrigation system using the NRCS irrigation design criteria for ... their property,... this proposed irrigation design provides the most efficient and flexible system for the conditions presented, 16