2017-05-25_REVISION - C1981041 - Laserfiche WebLink

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73 1 off before we could apply it to the fields. i MR. CAREY: Thank you. 2 Q. So 77 million gallons were utilized over 2 MR. SINGLETARY: Just for clarification. 3 a 30-day period to clean this irrigation system or prep 3 Maybe I misheard, but I heard you mention that you did 4 this irrigation system? 4 irrigate when it got to a certain level out of the 5 A. I would say prep the irrigation 5 Carey Pond, and yet now I just heard that you probably 6 system. 6 haven't had, you know, a sustainable crop in the last 7 Q. Okay. Do your water rights allow 7 10 years in there. 8 storage in the Carey Pond? 8 Just clarify that for me. I'm a little 9 A. Yes. Not my water rights. 9 confused about -- and it's pretty hard for me to just 10 Mr. Fontanari -- 10 accept the statement that there's vegetation there. 11 MR. STUTZ: I'm going to object to that. 11 I'd like to know if it's alfalfa, weeds -- you know, we 12 It's beyond the scope of direct examination, what the 12 need some -- we need sane reality, I think, in this 13 water rights were. 13 picture. 14 MR. SINGLETARY: I'm going to overrule 14 MR. CAREY: And that would be a question i5 that. I think he's answering some pertinent questions. 15 for Rudy Fontanari. I've given permission to Rudy 16 Q. (BY MR. SCHULTZ) Now, Mr. Carey, you 16 Fontanari to maintain the irrigation system. 17 stated that the ground of this area is porous, 17 MR. SINGLETARY: But you're the one that 18 correct? 18 said there was something growing there. What would it 19 A. Correct. 19 be? 20 Q. Do you know what the geology of the area 20 MR. CAREY: We've got full diversion 21 is? 21 records for what's happened there, so -- 22 A. Yes, I do. 22 MR. SINGLETARY: But you can't tell us 23 Q. What is it? 23 what it is today? 24 A. So the Pinedale Glaciation brought 24 MR. CAREY: I can't tell you what that 25 down -- these are colluvium deposits of Pinedale 125 is today. 246 248 1 Glaciation over the -- over the mine -- over the coal 1 MR. SINGLETARY: And what -- can you 2 mines and the -- and the Rawlings sandstone. 2 tell me what -- how much water the Carey Pond holds 3 Q. Do you have any knowledge as to whether 3 when it's full? 4 your pond would hold any water even if there was no 4 MR. CAREY: I can't tell you that. 5 mining done -- any underground mining done? 5 MR. SINGLETARY: You don't know if it's 6 A. Yes, we have knowledge that the pond 6 an acre foot or 10 acre feet or -- 7 holds water. 7 MR. CAREY: It's approximately 10 acre 8 Q. Do you have any knowledge that the 8 feet. I don't have it -- 9 underground mine at all affects the level at which the 9 MR. SINGLETARY: And then I did hear, I 10 Carey Pond drains? Ito think, from you -- and correct me if I'm wrong -- that 11 A. We do not have knowledge of haw the 11 that water is not — not current -- I mean, not water 12 underground mine affects the level at which the Carey 12 running in? In other words, if it was sitting there 13 Pond drains. 13 with no new water running in, it wouldn't usually 14 Q. Have you ever performed any hydrologic 14 dissipate until about 10 days; is that correct? 15 crnmutmication tests regarding the Carey Pond? 15 MR. CAREY: Yeah. Approximately a 16 A. No, we have not performed any hydrologic 16 week's time. 17 communication tests. 17 MR. SINGLETARY: Okay. Any other 18 Q. But you stated that the hydrologic 18 questions? 19 communication-- in terms of the hydrologic 19 MS. UITERBACK-NORMANN: I have a 20 communication, you do not know where the water goes? 20 question. When you're saying that dissipates, is that 21 A. Correct. 21 going completely dry? 22 Q. That's placed into the Carey Pond? 22 MR. CAREY: Yes. Yeah. It soaks into 23 A. Correct. 23 the ground. 24 MR. SCHULTZ: Okay. No further 24 MS. UTTERBACK-NORNM: And it only 25 questions. Thank you, Mr. Carey. 25 soaks in? It's not draining off some other place? 247 249