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' 175 <br /> <br /> <br /> 1 Q So that does recognize that water would <br />' <br /> 2 be transmitted from the impoundment down to the <br />' 3 collection pond; is that correct? <br /> 4 A That's what I did on mine, yes. <br />' 5 Q Okay. But you made the contention that <br /> 6 that embankment would act as a dam and, with that <br />' 7 ld <br />id <br />r th <br />t <br />d <br />i <br />i <br />t <br />t <br />l <br /> ace, wou <br />you cons <br />e <br />ra <br />nage s <br />ruc <br />ure <br />n p <br />a <br />' 8 to be damming the water? <br /> 9 A Let's go back to our definition of a dam <br />' 10 versus an embankment, and I think that's the <br /> 11 semantics now in this particular case. A dam is a <br />' 12 barrier to prevent the flow of water. <br /> 13 Now, if we take that as such, ir. this <br />t <br /> I4 case this would never be a dam. I will agree with <br />t 15 that. The same thing with the Cherry Creek <br /> 16 Reservoir. That dam is never going to be a dam. <br /> 17 It's going to be an embankment. But the State <br /> 18 Engineer is saying that's a dam. <br />' 19 t h <br />lki <br />b <br />i <br /> ere, <br />ng a <br />ou <br />nk what we are ta <br />I th <br />' 20 if you are holding water back and you can pcnd the <br /> 21 water up, and there is a possibility it could breach <br />~• 22 if you have the right conditions, I think you have <br /> 23 to look at that as being a dam and I think you have <br />' 24 to b <br />ild th <br />f <br />f <br />th <br />ill <br />t <br />t <br />i <br /> u <br />way, <br />e sa <br />e <br />ea <br />ere, a sp <br />y <br />ures <br />n <br />t 25 proper design on the dam itself, the construction <br />' AGREN, BLANDO & BILLINGS <br /> <br />