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~~ :~ (c) Adequate safety and provided for proposed water us. The post-mining land use of Pond A is habitat. USOI, OSM, 1982, recommends access. Seventy-eight percent of the that gradient or less. Consequently, requirement. access to impounded water shall be ors; livestock watering and wildlife 4:1 slopes or gentler for livestock perimeter of the pond has slopes of Pond A is in compliance with this (d) Water impoundments shall not result in the diminution of the quality or quantity of water available to water right holders for agricultural, industrial, recreational, or domestic uses except in accordance with applicable State law; Cyprus Western Coal Corporation currently controls all the water rights on Foidel Creek and several immediately downstream from Foidel on Trout Creek. There have been no calls in the past eight years. Through a 1902 appropriation, Cyprus has storage rights for 153.01 acre-feet and has irrigation rights for 13.33 cfs. Three water court decrees in the past 5 years have permitted Cyprus to utilize alternate points of diversion and storage and to modify the use and its seasonality of use.' The Division has approved permanent impoundment status for Ponds P and 0 on Mine No. 2 and M-3-S and M-3-N on Mine No. 3. These four ponds have cumulative design volume of 71.56 acre feet and specifically designated storage of 25.4 acre-feet at M-3-S. The specifically designed storage volume at Pond A is 131.5 acre-feet, slightly higher than the theor;~ tical 127.61 acre-feet remaining the adjudication. Water volumes during the past three years have fluctuated between 130 and 210 acre feet, based on a water level variation of 3.6 feet. Water quality is not diminished through the impoundment of water, In all probability, quality is improved by dilution from surface water runoff. (e) The design, construction, and maintenance of structures shall achieve the minimum design requirements applicable to structures constructed and maintained under the Watershed protection and Flood Prevention Act, Dub. I, 83-566 (16 U.S.C. 1006) and Office of the State Engineer. Impoundments with a capacity of 1000 acre-feet or having a dam or embankment in excess of 10 feet in vertical height, from the bottom of the channel to the bottom of the spillway, or having a surface area at high waterline in excess of 20 acres shall be designed and construction in accordance with C.R.S. 37-87-105. Requirements for impoundments that meet the size or other criteria of the Mine Safety and Health Administration 30 CFR 77.216(a) are contained in the U.S. Soil Conservation Service TEchnical Release No. 60 "Earth Dams and REservoirs," June 1976. Requirements for impoundments that do not meet the size or other criteria contained in C.R.S. 37-87-105 are contained in U. S. Soil Conservation Service Public Standard 378, "Ponds," October 1978. Copies of the applicable standards as listed above are available at the office of the Division for public inspection,