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Rule 4.05.9(]3)(d). SCC has a decreed water right for Pond 004 of 19.0 acre-feet (Cate Na. <br />82CW62). As addressed in (a) and (c), there is no diminution of water quality or quantity to water <br />right holders foi agricultural, industrial, recreational, or domestic uses except in accordance with <br />applicable state law associated with the retention of Pond 004. SCC understands that the Division <br />Engineer has the authority m order the installations of low-level outlets capable of releasing <br />all storage from the structures or breech of the structure to asstre that senior appropriators <br />receive the water to which they are entitled by law. SCC will provide a flexible siphon nine at <br />the Pond 004 impoundment to allow the release of outrof-priority inflows and the out-of- <br />priority inflows that replace evaporative losses, if and when requited. <br />Rule 4.05.9(13)(e}. Pond 004 is relatively small with a permanent pool surface of 2.1 acres. Ponds <br />of this size are typical of stock water impoundments throughout notthwestem Colorado. Anything <br />much smaller will likely dry up during the summer months of during a prolonged drought <br />Rule 4.05.9(13)(f). Retention of Pond 004 as par[ of the post-mine landscape will assist with the <br />proposed post-mine laud use of livestock grazing and wildlife habitat. Water, especially in the semi- <br />arid mountain west, is an essential component needed to assure livestock and wildlife survtvaL <br />Without water, the area has tttatginal utility for animals; consequently, these ponds meet the intention <br />of 4.05.9(13)(fl. Discussion of the post-mine land use is found in Tab 13 on page 13-3. <br /> <br /> <br />TR-37 7-6c-2 Revised 04/06 <br />