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~~~ ~~ <br />~ 3? ~, < < <br />,/ ~~ ~~J~i~c~ai <br />Colorado Water Conservation Board.3 Accordingly, Battle <br />Mountain's statements with regard to its ability to replace <br />depletions to water systems and thereby minimize disturbances to <br />the hydrologic balance amount to nothing more than an empty <br />promise. <br />The Board concluded that Battle Mountain need not <br />fulfill the requirements of Exhibit G because such maters were <br />beyond the concern of the MLRD. Fred R. Banta, Dicectc~r of the <br />MLRD, explained the position of the MLRD at the beginning of the <br />March 22, 1989 hearing: <br />I guess that the basic point is that we have <br />made it as clear as we possibly could to the <br />public and to the objectors that the Mined <br />Land Reclamation Hoard's and-the Division's <br />responsibility under the Mined Land <br />Reclamation Act is independent of other <br />agencies. That it is not a process upon <br />which we go in sequence at this point with <br />regard to decisions made by other agencies or <br />other governments Also, there have <br />been questions raised about the obligation to <br />i <br />3 Moreover, Battle Mountain's description of Project water <br />requirements in the Application is incomplete. In response to <br />questions from the Board concerning. an. estimate of the Project's <br />water requirements and consumptive usB, Battle Mountain stated <br />that "the mining and milling operations for this Project are <br />expected to require a maximum water supply of approximately 200 <br />gpm during normal operations." (Vol. 3, p. 553.) That <br />information, contained in § D.10.3 of the Application, is the <br />only reference to the water requirements of the Project. The <br />estimate is incomplete, however, in that it fails to account for <br />Project water requirements other than those involved it the <br />mining and milling operations. For example, Battle Mountain does <br />not estimate how much water it will need for development, <br />reclamation, or dust control of the dirt roads during operations. <br />-7- <br />