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irrigation waters simply disappear down sinkholes; do not irrigate the surface; and, after <br />permeating through the sub -surface, flood the coal caverns 100 feet beneath the surface. This <br />occurred in 1989 when the South Portal Mine was actively operated by Powderhorn Coal <br />Company. Flood irrigation water was applied to the Carey Tract (then jointly owned with #71 <br />Tract by Powderhorn Coal Company) and it flooded the South Portal Mine portal while active <br />mining was being conducted! (Fontanari Summary of Issues and Objections, 4.5.17) It occurred <br />again in June, 2014, when Fontanari applied irrigation water to #71 Tract. The water <br />"disappeared" (DRMS description) down a surface sinkhole; flooded the collapsed caverns; and <br />built pressure on the sealed portal of the South Portal Mine. <br />The cause of the connection is not as important as Fontanari's need to apply adjudicated <br />water to beneficial use on the surface of #71 Tract. Fontanari intends to sow crops or <br />forage/pasture grasses on the surface, to be irrigated by water from Rapid Creek transmitted via <br />the Martin Crawford Ditch. Prior to mining, the surface was used for orchards (1937); alfalfa <br />(1954); and, for forage or pasture for both domestic livestock and wildlife. As stated in the <br />Fontanari Repair Plan, Fontanari does not plan to erect structures upon #71 Tract. Instead, 471 <br />Tract will eventually be mined to extract valuable basaltic minerals setting in layers 40-50 feet in <br />depth (approx.) below the surface. During the interim, Fontanari desires to return the surface to <br />productive agricultural use to prevent erosion and maintain the soils. Alternative irrigation <br />means sprinklers or drip systems for grasses or orchards, respectively. This cannot be done by <br />means of an open irrigation ditch. SEE: Fox Report; Fontanari Repair Plan Fontanari must <br />enclose the Martin Crawford ditch in pipe in order to provide gravity powered pressure to drive <br />sprinklers and drip irrigation systems. <br />3 <br />