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constituents well below Water Quality Control Division <br />agricultural water standards, and published suitability <br />levels for livestock use; <br />(b) The level of water will be sufficiently stable and the <br />configuration of the pond will be adequate to support the <br />intended use. The presence of irrigation return flows during <br />the growing season will ensure that the pond serves as a <br />relatively reliable water source for wildlife use during the <br />summer months. During water years 1983, 1984, and 1985, <br />return irrigation water flows through the drainage channel <br />which is now routed into the pond averaged 15 gallons per <br />minute, or approximately 2 acre-feet per month. The pond in <br />its present configuration is adequate to support the intended <br />use, and is used by deer, elk, and other wildlife; <br />(c) Adequate safety and access to impounded water will be <br />provided for proposed water users; <br />(d) The impoundment will not result in the diminution of the <br />quality or quantity of water available to water right holders <br />for agricultural, industrial, recreational, or domestic uses <br />except in accordance with applicable State law. <br />Correspondence from the district water commissioner on page <br />129a of the permit application documents that there is no <br />beneficial use of the irrigation waste water downstream of <br />the sediment pond, and as such, water rights would not be <br />impacted by the impoundment; <br />(e) The impoundment was designed, constructed, and maintained to <br />achieve the maximum design requirements of U.S. Soil <br />Conservation Service Public Standard 378 "Ponds", January, <br />1989; <br />(f) The impoundment spillway system has been designed in <br />accordance with applicable requirements of Rule 4.05, and in <br />accordance with Public Standard 378. The open channel <br />permanent spillway has been designed to safely pass the flow <br />of the 25-year/24-hour precipitation event; <br />(g) The size of the impoundment is adequate for its intended <br />purpose as a source of water for wildlife use; <br />(h) The impoundment will be suitable for the approved postmining <br />land use of wildlife habitat; and <br />(i) There is no highwall within the impoundment. <br />G. Surface and Groundwater Monitoring <br />1. The applicant will conduct monitoring of groundwater in a manner <br />approved by the Division. The groundwater monitoring plan is <br />16 <br />