Laserfiche WebLink
shortly thereafter. R: 7336, 7351. In addition, in response to questions from Board Chairman <br />Paulin, Ms. Turner testified that, historically, when they wanted to plant corn on fields irrigated <br />with siderolls, they would simply move the siderolls out of the way. R: 7351. Thus, Plaintiffs' <br />own testimony informed the Board that sideroll irrigation methods had not historically precluded <br />them from growing corn — contrary to Plaintiffs' position in their Opening Brief. <br />The only irrigation method not discussed in any detail in the PR -6 technical review or at <br />the hearing was center pivot irrigation, which Plaintiffs now claim, despite specific conclusions <br />by the NRCS to the contrary (R: 6319), is their only viable irrigation option. Plaintiffs never <br />requested approval of center pivot irrigation from the Board (or from NRCS or WFC during <br />preliminary irrigation design). Plaintiffs now assert that WFC should bear the cost of <br />implementing center pivot irrigation and that by not ordering center pivot irrigation the Board's <br />action was arbitrary and capricious. Opening Brief, pp. 29 -30. <br />PR -6's irrigation method via gated pipe and furrow and sideroll was developed by NRCS <br />at Plaintiffs' request to irrigate Plaintiffs' primary crop choice, alfalfa, and the Board's approval <br />of it is supported by the record and, as explained by Ms. Turner herself, is consistent with the <br />irrigation practices historically employed at the Morgan Property. <br />d. Conclusion <br />After receiving written evidence and considering testimony, the Board found: <br />Regarding the post- mining land use, Rule 2.05.5 provides, among <br />other things, that the reclamation plan must "contain a detailed <br />narrative of the proposed use, following reclamation of the land <br />within the proposed permit area." Rule 2.05.5(l)(a). Section <br />2.05.4(2)(e) and Map 2.05.4 -5 of PR -6 contain the required <br />narrative. The proposed post- mining land uses described in PR -6 <br />