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Water Conveyance Structures within the Permit Boundary <br /> The water conveyance and related water rights are an appurtenance to the land, and is an <br /> ongoing legal issue with the board and the division, as follows: As the current Order creates a <br /> potential conflict between the Construction Materials Act and the administration of water rights <br /> by the State Engineer, including issues related to abandonment of water rights, we have sought a <br /> declaratory order concerning this issue, and a reconsideration of the removal requirement. These <br /> issues will be heard by the Board in January. Although the board and I would wish to have the <br /> disagreement remedied, the two parties are still some distance from settlement and the legal <br /> matter persists. <br /> Until a satisfactory resolution to the conflict, the water conveyance remains present. I <br /> would note that until resolution is complete, irrigation within the permit boundaries is not <br /> planned and will not be conducted. In addition, although the initial method used to irrigate was <br /> flood irrigation, sprinkler irrigation was ultimately planned, as Division has been informed by <br /> various written submittals. Our expert will confirm that sprinkler irrigation of the pre-mined <br /> pasture would not threaten the release of water volumes into fissures or to the deep subsurface. <br /> This may allow for the consideration of this option for the future depending on the outcome of <br /> the Board's actions, and a possible clarification of Exhibit G. <br /> Burn Pit <br /> Additional surface contouring was requested by the local 4-4 <br /> inspector, and completed work is illustrated in the accompanying •' <br /> photo: <br /> It is expected that as springtime arrives and local flora <br /> resumes growth, that the contouring will conform to that of the - _ • <br /> surrounding area. ' <br /> Weed Management Plan <br /> The Mesa County Noxious Weed and Pest Management coordinator arrived December <br /> 20,2019 to complete a requested field inspection in search of identifiable noxious weeds that <br /> may or may not be present in a 5 acre portion within the permit area. (Although noxious weeds <br /> were noted in prior inspections,the locations of the weeds were not identified,thus the <br /> inspection notes were not useful in addressing the noxious weeds.) <br /> Although"Downy Brome"was noted, the inspection was largely inconclusive as flora <br /> had been dried and brown for some months. (Irrigation had been terminated inside the permit <br /> areas in early June, so flora had been dehydrating for some months,excepting for infrequent rain <br /> showers.) While on-site, the coordinator indicated that a further identification effort could be <br /> conducted during months when irrigation(whether natural or via the aforementioned water <br /> conveyances)made the flora more readily identifiable, and that treatment options could <br /> accurately and practically be addressed at that time. <br /> The letter resulting from the on-site coordinator's inspection is attached. <br />