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~"~ No other information is provided. A recommend comment to the applicant is: Rule 4.05.9(13)(a) <br />Please acquire, and include in the application, current water quality information of Pond F <br />discharge to demonstrate compliance with the receiving stream parameters of the Classification <br />and Numeric Standards for Upper Colorado River Basin and North Platte River, Planning Region <br />12 (Jackson County), Regulation No. 33. <br />Rule 4.05.9(13)(6) The level of water shall be sufficiently stable, and the configuration of the pond shall <br />be adequate, to support the intended use; <br />The application is in compliance with this rule. The application describes the pond as near full in the <br />spring, later drying up3. The period of impounded water coincides with the grazing (rangeland) period. <br />That the configuration of the pond is adequate to support the intended use is demonstrated in the <br />application. <br />Rule 4.05.9(l3)(c) Adequate safety and access to impounded water shall be provided for proposed water <br />users; <br />The application is in compliance with this rule. The embankment and in-slopes of the impoundment are <br />such that livestock and wildlife have adequate safe access to the impounded water3. <br />Rule 4.05.9(13)(d) Water impoundments shall not result in the diminution of the quality or quantity of <br />water available to water right holders for agricultural, industrial, recreational, or domestic uses except <br />in accordance with applicable state law; <br />With inclusion of the approval from the State Engineer, the application will be in compliance with this <br />rule. See discussion on pages 3 and 4 of Exhibit 42C. The impoundment dewaters to less than 2 acre feet <br />(1.8 acre feet, see Pond Schedule). <br />Rule 4.05.9(13)(e) The size of the impoundment shall be adequate for its intended purposes; <br />The application is in compliance with this rule. See Silver Spur Land & Cattle letter of December 16, <br />2003, of Exhibit 42C. <br />Rule 4.05.9(13)(f) The impoundment shall be suitable for the approved post-mining land use. <br />The application is in compliance with this rule. The approved post-mining land use is rangeland and <br />wildlife habitat. The impoundment is suitable for this land use (see page 780-10, February 2006). <br />Please contact me if you have any questions. <br />3 Exhibit 42C, page 3 <br />