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Four States is not required to construct permanent berms. If it does so, the berms must be <br />graded to a 3H:1 V slope, and would be constructed with gaps to ensure that the berms do not <br />interfere with floodwater flow. Vol. 2, p. 537 (See Maximum slopes), 538 (See Earth dams); Vol. <br />3, p. 1149-1150. <br />Mr. Sorenson also testified that Four States' operation would not "capture" the river <br />during anything but extreme flooding. In other words, the operation will not affect the course of <br />the river because of the distance between the pit and the current riverbed, the limits of the 100- <br />year floodplain, and the existence of a cottonwood grove between the pit and the riverbed. Vol. <br />3, p. 1154-1155. <br />Plaintiffs next argue that Four States failed to secure the necessary rights to supply the <br />water it needs to conduct this operation. Four States is required to minimize impacts to the <br />quantity of surface water flows, such as creeks and rivers, as well as flows in groundwater <br />aquifers. § 34-32.5-116(4)(h), C.R.S. The Board ensures compliance with this standard by <br />requiring applicants such as Four States to demonstrate compliance with Colorado water laws <br />governing injury to existing water rights. Construction Materials Rule 3.1.6(1)(a). Four States <br />must show it either has or will obtain all necessary permits to conduct the proposed mining <br />operation, including a well permit. Construction Materials Rule 6.4.13. The issue is not whether <br />they have the necessary right; it is whether Four States identified the need to obtain a well <br />permit. Four States has identified the need for a well permit. Vol. 2, p. 563. Four States has <br />complied with the requirements. <br />The Colorado Division of Water Resources has jurisdiction over water rights and water <br />well permits, not the Board. The Division of Minerals and Geology notified the Colorado <br />20 <br />