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scope of the Applicant's proposed groundwater mounding mitigation plan and irrelevant to <br /> DBMS' decision process for AM-01 and/or beyond the term of the reclamation permit. Applicant <br /> agrees with DRMS' position. Applicant's obligations under its proposed amendment are limited <br /> to restoring historical groundwater conditions. Surface maintenance matters and related land use <br /> conditions or covenants that may impact things like surface flows in the Bull Seep that otherwise <br /> have no relation to the groundwater mitigation plan at issue here and, therefore, are outside the <br /> regulatory authority of DRMS and MLRB. Accordingly, MLRB should exercise its authority to <br /> exclude evidence related to these two issues at the hearing. <br /> III. Determinations involving the necessity of a plan for augmentation in support of <br /> Applicant's proposed plan are non-jurisdictional matters outside the regulatory <br /> authority of DRMS and MLRB for the purpose of Applicant's amendment <br /> application and any evidence related to allegations of non-compliance with <br /> augmentation requirements that conflict with the findings of the Colorado Division <br /> of Water Resources should be excluded at the hearing. <br /> Applicant's Amendment No. 1 that is at issue here (AM-01 to Permit No. M-2004-031) is <br /> in direct response to MLRB's April 15, 2015 Order. (Exhibit B). Specifically, MLRB found that <br /> Applicant had violated C.R.S. § 34-32.5-116(4) for failing to minimize the disturbance to the <br /> prevailing hydrologic balance in the surrounding area. Applicant was then ordered to, first, <br /> develop a Temporary Groundwater Mounding Mitigation Plan and then,a Permanent Groundwater <br /> Mounding Mitigation Plan. Applicant's Permanent Plan has been submitted to MLRB as AM-0I <br /> for review and approval. <br /> As the DRMS September 26, 2016 Recommendation letter correctly points out, the <br /> Colorado Division of Water Resources (DWR) twice provided comments and conditions for <br /> approval to AM-01. (Exhibit B, pp. 3-4). For its final response of September 20, 2016 (attached <br /> as Exhibit C), DWR, after due consideration of the groundwater mounding issues and any issues <br /> related to the Bull Seep, identified two conditions for approval: 1)a condition that a final leak test <br /> of the slurry wall liner may be required after replacement of temporary design and installation <br /> proposed final design is complete; and 2) an accounting requirement for inflow and outflow. <br /> Specifically, the DWR imposed the following conditions: <br /> All water pumped from the drain shall not be used for any beneficial purposes and must be <br /> discharge (sic) to the stream system without consumptive use. Water shall not be <br /> impounded in the reservoir except pursuant to lawful diversions allowed by statute or <br /> decree. At all other times,all inflow and water into the reservoir from any source,including <br /> precipitation, groundwater inflows and the drain water shall be removed to prevent illegal <br /> storage of water. The owner or operator will need to coordinate with Brent Schantz, River <br /> Operations Coordinator, to review operations, measurement structures and accounting. <br /> (Exhibit Q. <br /> While Applicant agrees that compliance with applicable Colorado water laws and <br /> regulations governing injury to existing water rights is one of several expressly identified measures <br /> that may be adopted in minimizing disturbances to the prevailing hydrologic balance of the <br />