PERMFILE133792

• Permit No: C1980006
• IBM Index Class Name: Permit File
• Doc Date: 9/26/2007
• Doc Name: Permanent Impoundment Documentation for Pond F
• Section_Exhibit Name: Exhibit 42C
• Media Type: D
• Archive: No

B. The water level shall be sufficiently stable and the configuration of the pond shall be
adequate to support the intended use.
Pond F typiglly fills to near discharge level during the early spring due to snow melt and rain
fall. Some discharge may occur over a 2 to 3 week period for a typical precipitation situation.
During the summer months, this pond tends to dry up. However, the standard grazing schedule
for the Pond F area coincldes with the time when the most water is typically retained in the
pond. No grazing occurs in this pasture during the summer or fall so the possible lads of water
is of no concern for this benefidal use. A letter from the ranch owner indicating this situation is
attached. Retaining this pond permanently will also assist in distributing livestock use over a
broader area and thereby decreasing the potential overuse of the more sensitive drainage
bottoms. Pond water will be available for wildlife at all times and will be a supplemental supply
of water that may be important during drought.
The Pond F embankment was constructed with 3H:1V slope down stream and slight steeper up
stream. The dam is approximately 10 feet high and 400 feet long. The surrounding natural
slopes are gentle (10 to 14 percent) such that access to the water (by livestock) is not a
problem.
C. Adequate safety and access to the impounded water shall be provided for the proposed
water users
The proposed users of this pond include cattle artd wiidlfie. The embankment dam height is
approximately 10 feet. There is a 3H:1V slope on the outside embankment and a 2.5H:1V slope
on the inside embankment. The shores of the pond and the embankment are well vegetated
except for the emergency spillway rip rap. The natural topography surrounding the remainder of
the pond is relatively flat with approximately a 10% to 14% northerly slope into the pond. The
gentle slopes should not restrict access or pose any safety issues for the cattle or wildlife, which
have utilized this pond for many years without incident.
D. Impoundment shall not result in diminution of quality or quantity of water available to water
right holders (or other uses)
As discussed above, historically the quality of any discharge from Pond F have met all water
quality standards of the discharge permit and it is not expected to degrade the water quality in
any receiving streams. In 1986 the Water Referee for Water Division 6, State of Colorado
recommended the water rights for the Marr Mine Sediment Ponds (A through F) be declared
absolute (see attachment). The ponds were decreed for all benefidal uses including livestock,
wildlife and industrial (including dust suppression). Agriculture is the primary user of surface
and/or groundwater in the immediate vidnity of the mine including livestock and irtigation.
Ultimately, any surface water flows reach the Canadian and North Platte Rivers where
additional uses, particularly recreation, occur.
The quantity of water available to other downstream users is diminished somewhat by the
consumptive use of Pond F, which includes water storage, evaporation and animal use, mainly
in the spring. Historically there have been no downstream calls for valid senior water rights.
Down stream use largely includes irtigation, which occurs later in the year. There is minimal
potential for a down stream call on Ken's existing absolute water right. Also note that this is a
very small watershed and the amount of water taken out of the larger hydrologic system is
considered miniscule. Refer to Exhibit 25 of the Kerr Mining and Reclamation Plan document
Permanent Pond FDocumentation -Exhibit 42C Page 3