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The Division recommends that the stocktanks be build in the constructed designed drainages rather than in contour futtows. b. In general, the Division questions the stability of routing water across the slope rather than down the slope as a permanent feature. The Division would not likely approve a permanent diversion ditch routed across, rather than down a slope. c. Ponds E and F are also not located in a normally dry stream, as required under the definition of a livestock watering pond. These ponds appear relatively close to one another for the watershed size. Please reevaluate the location of these stocktanks to meet the requirements of the State Engineers Office. 3. Colowyo has adequately responded to this concern. 4. Again, the Division does not consider contour ditches to be dry channels. Please reevaluate the location of these stocktanks as noted in item 2 above. 5. Colowyo has adequately responded to this concern. 6. Colowyo has adequately responded to this concern. 7. Colowyo has not informed the Division if the requirements of Rule 4.05.9(1) will be met. In order for impoundments to be considered as permanent under the postmining configuration, a number of demonstrations need to be made. The following demonstrations have not been made by Colowyo; a. 4.05.9(1)(a) The quality of the impounded water shall be suitable on a permanent basis for its intended use, and discharge of water from the impoundment shall meet applicable State and Federal water quality standards. b. 4.05.9(1)(b) The level of water shall be sufficiently stable and the configuration of the pond shall be adequate to support the intended use. c. 4.05.9(1)(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. The demonstrations noted above cannot be made until the stockponds have been constructed and evaluated. The Division recommends that Colowyo deem these stocktanks as temporary impoundments rather than permanent impoundments until the above noted demonstrations can be made. As an alternative, the Division could add a stipulation to the permit requiring Colowyo to meet the demonstrations noted above before the stocktanks are approved as permanent impoundments.