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Mr. Lane Osborn Cohrado State Land Board Northwert District Office Page 4 The three (3) ponds (PECOCO, 004 and 008) requested for retention as permanent features are further located and described as follows; Townshi~5 North. Range 87 West • Section 2 - SW %, NW PECOCO Pond • Section 12 - SW 'G SE '/+ Pond 004 Township 5 North. Range 86 West • Section 7 - NW %, NIY/'/. Pond 008 The physical locations of the above-described ponds aze shown on attached Map SLB-1, State of Colorado Ckvnership of Permanent Features. The State Engineer's Office (SEO) was contacted by the CDMG concerning the retention of the sediment ponds within the Seneca II permit boundary. Following is the SEO comment and SCC's response: State EngineePs Office Comment: `9'kore advise the operator that ar ax undecreed rtmcture, the priority for Pand 008 it corrridered to be the most junior in the ryrtem, and that even the 1982 decree for Pond 004 it very junior when compared to existing mater nigh#. Therefor, the potential exiru that the pondr will be orrt-af-pnoriiy at come time, axd shat abrent a decreed plax for auginentatiox the owner wiU be vzguind to either byparr or rekare out-of-priority ixjlomr, ixcluding lowerixg the pond elevatiox to acmunt for outof-pszority inf7amr that replan evaporative lamer. Ar rush, it it advirabk to mxrtruct low-level outktr capable of relearing all rtorage firm the rtructuree: Abrent rush outktr, the Divirlon Engineer hat the authority to order the inrtallationr of ruck rtrrrcturer or breech of the rtructrrre to arrnre that renior appropriators receive the water to which they are entitled by law. " SCC Response: SCC will provide a flexible siphon pipe at each structure (Pond 004 and 008) to allow the release ofout-of-priority inflows and the out-of-priority inflows that replace evaporative losses. The ponds in question are currently constructed with principle spillways to allow the dischazge of in-flows on a continuous basis. The only situation where there is no discharge is when evaporation is greater than the in-flow or there is no in-flow. SCC understands that the Division Engineer has the authority to order the installations of low- level outlets capable of releasing all storage from the structures or breech of the structure to assure that senior appropriators receive the water to which they aze entitled by law. SCC will fully inform the landowner of the SEO's authority and all implications of the water rights issues, during the formal request process for retaining the structures as permanent. In the case of Ponds 004 and 008, the Colorado State Land Board is the owner of record.