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<br />With respect to water rights, the Board notes that the primary surface <br />water holder, the Uncompaghre Water Users Association, has reviewed <br />the application and found that the proposed use of water for the site is <br />acceptable to it. The Applicant may have to obtain a stormwater discharge <br />permit from the Colorado Water Quality Control Division, but that permit <br />need not be obtained prior to the Boazd's decision on an application. The <br />Office of the State Engineer must be consulted as to additional water <br />rights questions. The weight of the evidence demonstrates that with the <br />proposed modification of the condition, the Applicant has met the <br />minimum requirements of Construction Materials Rule 6.4.7. <br />B. Minimization of Disturbance to Groundwater, Surface Water and <br />Hvdrolo~ic Balance <br />1. Construction Material Rule 3.1.6(1) provides that "disturbances to the <br />prevailing hydrologic balance of the affected land and of the surrounding <br />area and to the quantity and quality of water in surface and groundwater <br />systems both during and after the mining operation and during reclamation <br />shall be minimized...." <br />2. The Objectors assert that the Applicant failed to comply with Constmction <br />Materials Rule 3.1.6(1). <br />3. The Applicant proposes to monitor groundwater and surface water through <br />the placement of six groundwater monitoring wells, three updgradient <br />from the proposed operation and three downgradient from the proposed <br />operation. The Applicant also proposes to leave one half of the next phase <br />