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., ~ .~ ~ • • •=~~r. Jim McArdle Page 2 October 7, 1983 ' This is contrary to the applicant's comment that there is not a legal, only an ethical, responsibility to provide compensation for evaporation losses. Though unaware of what we consider the legal requirements to be, we commend the applicant for recommending that water rights be made available for the make-up of water lost by evaporation. The applicant has provided insufficient information concerning tlve use of water in the mining operation. In order for us to comment, we would need to know,the quantities of water to be used for dust control, washing, and other purposes. lYe would also need to know the sources of water for the operation and the legal right to use these water sources. The applicant will not be able to use water from the pit for the mining operation unless replacement water for the additional consumptive use is included in the plan for augmenta- tion. The applicant also may not use the irrigation water right discussed in the application for mining purposes without a change of use decree from the 1Vater Court. Based upon the seniority and historical use, however, the water right perhaps could form the basis of an augmentation plan. As stated earlier, the augmentation plan should replace water consumed out-of-priority both during and after mining is finished. The application comments that the irrigation ditches crossing the project property are those ~vhich presently serve the lands within the project boun- daries and that removal or relocation of these ditches will not affect the water supply of any other water users. The application also comments that provisions will be taken to assure road crossings of ditch laterals do not impede the flow of the laterals. L9e ask that your office insure these condi- tions are met. Mining must not interfere with the legal right of other water users in the area. In sinnmary, we cannot recommend approval of the proposed project until the issues discussed in this letter are addressed. Further, we will order mining to cease if ground water is exposed without a well permit or water is being diverted for mining purposes illegally. HDS/JRH:ma cc: Jim Clark, Div. Eng.