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Rule 4.05.9(73)(d). SCC has not filed For a water tight for this pond SCC understands that <br />the Division Engineer has the authority to order the installations of low-level outlets capable <br />of releasing all storage from the structures or breech of the structure to assure that senior <br />appropriators receive the water to which they are entitled by taw. SCC will arovide a tkwble <br />s~hon n~ ins at dre Pond 008 impoundment to allow the release of out-of-priority inflows sad <br />the out-of-priority inflows that rephtce evaporative losses, if and when required. Therefore, <br />Pond 008 impoundment shall not result is the diminution of the quality or quantity of water <br />available to water rights holders for agricultural, industrial, recreational, or domestic uses <br />except im accordance with applicable elate law. <br />Rule 4.05.9(13)(e). Pond 008 is relatively small with a permanent pool surface of 1,9 acres. Ponds <br />of this size aze typical of stock water impoundments throughout northwestern Colorado. Anything <br />much smaller will likely dry up during the summer months or during a prolonged drought <br />Rule 4.05.9(t3)(t). Retention of Pond 008 as part of the post-mine landscape will assist with the <br />proposed post-mine land use of livestock grazing and wildlife habitat Water, especially in the semi- <br />arid mountain west, is an essential component needed to assure livestock and wildlife survival. <br />Without water, the area has mazgioal utility for animals; consequendp, this pond meets the intention <br />of 4.05.9(13)(E). Discussion of the post-mine land use is found in Tab 13 on page 13-3. <br />• <br /> <br />TR-37 7-6f-2 Revised 04/06 <br />