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ISSUES THAT THE DIVISION BELIEVES ARE NOT WITHIN THE NRISDICTION OF THE DIVISION OR THE BOARD I0. "No water shall be discharged to the Western Mutual Ditch; " 11. "In the event the Western Mutual Ditch or its shareholders are injured by Applicant's dewatering activities, Applicant shall be required to cease all dewatering activity until such injury is remedied and Applicant demonstrates that no such injury will occur in the future. /n addition, Applican[ shall be required to compensate Western Munta! Ditch Company jor damages sustained as a result ojany injury caused by Applicant's activities. " 12. "No use ojDitch access road without Western's express permission. " Issues from the Pre-Hearing Statement of Michael Ptasnik ISSUES WITHIN THE NRISDICTION OF THE DIVISION AND THE BOARD "The Applicant must demonstrate that the proposed de-watering activities will not injure neighboring alluvial wells. At a minimum, the jollowing conditions should be imposed on the Applicant: " 1. '7Jo dry mining ojany kind (with limited exception-see below) shall be permitted without re-application to the Mined Land Reclamation Board. Applicant shall notify all parties to the present Application proceeding by mail ojany re-application seeking increased de-watering activities. " Division response: If an operator wishes to change arty aspect of the reclamation permit, the permit must be modified to allow for this change. That modification may take the Corm of a technical revision (a change in the permit which does not have more than a minor etTect upon the approved Reclamation Plan) or amendment (a change in the permit or an application which increases the acreage of the affected land, or which has a significant effect upon the approved Reclamation Plan). In this case, the Division would prefer not to condition the permit to require the operator to notify all parties, however, the Board has the option to do so. "De-watering activity shall be limited to the creation oja 'starter pit' jor the assembly ofthe wet mining dredge, and the jollowing restrictions shall apply: Z. "No more than 1 acre on the entire property that is the subject ojthe applicaion shall be de-watered at any one time. " Division Response: U a letter dated March 30, 2001, the Applicant committed to limit the area of dewatering to one (1) acre or less in each lake area as recommended in the March 23, 2001 Leonard Rice Consulting Water Engineers Report submitted to the Division. Any deviation Jiom this plan will need to be submitted and approved by the Division. 3. "Any starter pit shall be constructed as jar from any neighboring wells as possible, as close [toJ the South Platte River as possible, and in areas ojreduced aquifer transmissivity. " Division Response: [n a letter dated Apri14, 2001, the Applicant committed to following the recommendations in the Leonard Rice Report dated March 23, 2001. Specifically, mining in each lake area will be done as far from off site wells as possible and as close to the river as practical for the lake azea development. 4. "De-watering activities shall occur only between the months ojOctober and March, inclusive. " Division Response: !n a letter dated Apri14, 2001, the Applicant committed to mining in each dewatering area to begin early in the summer so that aquifer dewatering is complete prior to the next irrigation season. This commitment was recommended in the March 23, 2001 Leonard Rice Report to further minimize impacts to the other groundwater users. Based on the groundwater analysis report prepazed by Leonard Rice, the Division found this additional commitment to be adequate to further protect the surrounding well owners. Any further agreements between the Applicant and