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~. The applicant claims the pit will be a "dry" operation. Reported drilling of test holes by Lambert & Associates of Nlotttrose, (we have as yet to be provided a copy of their report) suggested to the applicant there was between 20 and 60 feet of depth to Mancos Shale bedrock beneath the site. We believe these are reasonable estimates, as we observed gravel in west fork of Mexican Gulch to be 20-30 feet in thickness. In the existing Metcalf Yit, immediately east of the proposed operation it is SO-60 feet in depth. The entire site is underlain by Mancos Shale beneath the gravels, with varying elevations on the bedrock surface; i.e. erosion of the Mancos Shale surface was not planer, rather undulating and channelized by previous Fows of [he Uncompaghre River. The current hydrologic conditions are such that natural precipitation, non-consumed irrigation application (approximately 50%) and leakage from ditches and canals recharge the mesa gavels. When this recharge encounters shale bedrock, saturates the gravels and moves laterally down gradient (usually in a direction similar to the surface topography) it issues from springs at the base of the gavels along the arroyos which have eroded through the gravels into the shale bedrock. A prime example of large recharge/irtigation return tlow springs are those at Silver Springs "Trout Farnt, which flow at rates varying from 500 to 1000 gpm after mid-irrigation season. Testimony from local residents intntediately east of the proposed pit indicate the Metcalf Pit, which now contains an excavated pond at it's base, fills with water during spring and sununer months and water levels decline once irrigation season [emtirtates, unfit ii is dry (last year) from late Fall through winter. "this has been observed in numerous locations along the rim of Spring Creek i~~lesa, including springs on the Bean Ranch. Phyreatophyte (water .seeking) vegetation located in the arroyos southeast of the Pit, and more particularly in the small arroyo located at the Metcalf Pi[ northward to Lasalle Road (and beyond on the Applehanz Faun) ore obvious testunony to the semi-perennial nature of groundwater discharge along the Mesa. Prior to the USIIR "winter stock water program", which supplied domestic water taps for stock in automatic waterers, ditch and canal leakage alone kept many springs running all year. The Hillside Homestead (owned by Joyce and Harold Nation) is located in the NW1/4, NW 1/4, Section t9, immediately adjacent to and cost oF6200 Road, the eastern proposed boundary of the Pit. The Nation's have adjudicated water rights on several springs and ponds under Division 4 District Water Court in Case #93CW242. Water Judge Robert Brown decreed the springs and ponds absolute on June 1S, 1994. The decree speci5es and spells out tl;e operation of the springs and ponds as issuing surface water beginning in spring through sununer and tall mouths. 'the water is adjudicated for wildlife, livestock, irrigation and sub-irrigation of wetlands. Flows from the springs are individually adjudicated as hi ~h as 0.30 cti { 13S gpnt), with storage rights of up to 0.42 acre-Feet in one pond alone. 1'he elevation of the Nation Springs and ponds is appro.imately 50 feet below Spring Creek Mesa surface. The elevation of the water level in the Aletcaif Pit Pond is similar. We have concluded that there can be no other source for these water rights but subsurface irrigation water recharge from irrigated lands to the west and southwest. In addition, the Bean Spring (observed) also. receives recharge and flows frym irrigated lands to the west. "fhe excavation of this gravel deposit to shale