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anticipared uses of water from the proposed permanent impoundments are limited ro livesmek <br />. watering and wildlife use All available monitoring information as well as a histon' of these uses over <br />the past 6-8 }'ears indicates that impoundment water yuabty is suitable for the intended uses. <br />b) Pond Configuration and Water Level <br />All sedimentation ponds were consvucted with relatively flat sideslopes and inlets, so access for <br />livestock and s~~ildlife is nor a problem. Based on historic warer moni[oring data (7995-2003, refer to <br />Field Data Sheets in Annual Hydrology Repons), the past four years have been characterized by <br />drought conditions, with standing water in the sedimentation ponds from mid-March or eazly-April <br />through mid June (2002) to mid August (2000 and 200]). Prior years (7995-1999) reflect a more <br />normal runoff pattern, with standing water in the sedimentation ponds from mid- to late-March <br />through mid-October. Generally, the sedimentazion ponds fill during March through early-May, wi[h <br />relatively stable water levels from Mav through earh~ July, when wind, combined with higher <br />temperatures result in increased evaporation, water loss, and gradual drying-out of the ponds. <br />During those years when scheduled grazing activities have occurred, grazing has been tazgeted for the <br />period extending from mid June through late August. Water retention in the ponds during this period <br />has been valuable as a livestock watering source, tending to distribute livestock use over a broader <br />area and reducing heavy livestock use in the more sensitive drainage bottoms. Use by wildlife of <br />watering sources can occur at any time that water is available in the ponds. Availabiliry~ of [he <br />permanent impoundments as additional water storage, is pazticularly important in providing <br />supplemen[al water sources for wildlife under the current prevailing drought conditions. <br />~ Safety and Access for Water Users <br />• Both the constructed configuration of the sedimentation ponds and the vegetation that has been <br />reestablished on pond sideslopes and basins are conducive to livestock and wildlife use, providing safe <br />and effeuive access, as well as enhanced vegetative productivity due to elevated moisture conditions. <br />Kerr personnel have directly observed and seen evidence (vacks and evidence of grazing/browse) of <br />extensive use of pond areas by both livestock and wildlife. <br />d) Prevention of Water Ouality(Ouantity Diminution <br />Water quality issues have previously been addressed in the discussion under item a), above. In the <br />CDMG's Technical Adequacy comments for Technical Revision TR-19 (s. Brown, l/20/99), it is <br />noted that; "Tbr State Engineer office hat reviewed the requert for retention oJthr ponds and water lnppl~~ melU. <br />Thry are par[ oJthe water rightr deoetd conditionally in Division G Water Cou# cores 79-CIIi-215 and 80-CW-79. <br />Thr ronditiono/ water ri8htr mere rubJeguentiy made absolute. The ponds art deaerd for a!/ Genefiria! titer. The <br />Division of IVater Reroutes bas no concerns far permanent retention pmvidrd the mater will br ufili2rd in priority Jor <br />the approved urrr purruanl to the decrrrd mater .ightr awarded by the Divirion 6 Water Court. " <br />For the proposed permanent impoundments, consumptive use (i.e.: pond filling and storage} will <br />occur during spring runoff when there have historically been no downstream calls for valid senior <br />water rights. Given the timing of consumptive use for the proposed permanent impoundments and <br />the fact that downstream irrigation use consistently occurs much lacer in the tear, the potential for a <br />downstream call on ICecr's existing absolute water rights is negligible. Refer to Exhibit 25 of [he Kerr <br />Mining and Reclamation Plan document for additional information on water rights and augmentation. <br />Given these considerations, there is little or no potential for diminution of water qualiro or quantity' <br />relative to other water rights holders. <br />• g) ]mpoundment Size Re: ]mended Pu~oses <br />The existing sedimentation ponds and proposed permanent impoundments have been sized and <br />designed rocontain athree-year accumulation of sediment (under full disturbance conditions for the <br />contributing watersheds) and retain the runoff from the 10-year, 24-hour srorm event. During normal <br />runoff nears, the ponds have fiQed to near capacity during spring runoff and dischazged, retaining <br />