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anticipated uses of water from the proposed permanent impoundments ace limited to livestock <br />watering and wi]dGfe use. All available monitoring information as well as a history of these uses over <br />the past 6-3 years indicates that impoundment water yualiq' is suitable for the intended uses. <br />b) Pond Configuration and Water Level <br />All sedimentation ponds were constructed with relatively flat sideslopes and inlets, so access for <br />livestock and wildlife is not a problem. Based on historic warer monitoring data (1995-2003, refer to <br />Field Data Sheets in Annual Hydrolog}' Reports), the past four years have been characterized by <br />drought conditions, with standing water in the sedimentation ponds from mid-March or earl}'-April <br />through mid)une (2002) to mid August (2000 and 2001). Prior years (]995-1999) reflect a more <br />normal runoff pattern, with standing water in the sedimentation ponds from mid- to late-March <br />through mid-October. Generally, the sedimentation ponds fill during March through earl}'-Ma}', with <br />relatively stable water levels from Mav through earn' July, when wind, combined with higher <br />temperatures resuk in increased evaporation, water loss, and gradual drying-out of the ponds. <br />During those years when scheduled grazing activities have occurred, grazing has been targeted for the <br />period extending from mid-June through late August. Water retention in the ponds during this period <br />has been valuable as a livestock watering source, tending to distribute livestock use over a broader <br />area and reducing heavy livestock use in the more sensitive drainage bottoms. Use by wildlife of <br />watering sources can occur at any time that water is available in the ponds. Availability of the <br />permanent impoundments as additional water storage, is particular]}' important in providing <br />supplemental water sources for wildlife under the current prevailing drought conditions. <br />c~ Safety and Access for Water Users <br />• Both the constructed configuration of the sedimentation ponds and the vegetation that has been <br />reestablished on pond sideslopes and basins are conducive to livestock and wildlife use, providing safe <br />and effective access, as well as enhanced vegetative productivity due to elevated moisture conditions. <br />Kerr personnel have directly observed and seen evidence (tracks and evidence of grazing/browse) of <br />extensive use of pond areas b}' both livestock and wildlife. <br />d) Prevention of Water Quality/Quantity Diminution <br />Water qualitt issues have previousl}' been addressed in the discussion under item a), above. In the <br />CDMG's Technical Adequacy comments for Technical Revision TR-19 (s. Brown, 1/20/99), it is <br />noted that; "The State Engrneerr office bas reviewed the reguest for retention of the ponds and water supply wells. <br />They are part of the water rights decreed conditional~~ in Division 6 IY/ater Court rases 79-Gill--225 and 80-CW-79. <br />The conditional water rights were rubseguent~~ made absolute. The ponds are demeed for all benefsdal uses. The <br />Division o~ 11%ater Resources bas no ronterns far permanent retention provided the water will be utili:~ed in priority for <br />the approved urer pursuant to the decreed water rights awarded bJ~ the Division 6 ]l/ater Court. " <br />For the proposed permanent impoundments, consumptive use (i.e.: pond filling and storage) will <br />occur during spring runoff when there have hisrorically been no downstream calls for valid senior <br />water rights. Given the timing of consumptive use for the proposed permanent impoundments and <br />the fact that downstream irrigation use consistently occurs much later in the tear, the potential for a <br />downstream call on Kerr's existing absolute water rights is negligible. Refer to Exhibit 25 of the 1{err <br />Mining and Reclamation Plan document for additional information on water rights and augmentation. <br />Given these considerations, there is little or no potential for diminution of water quality or quantity <br />relative to other water rights holders. <br />• ~ Impoundment Size Re: Intended Pu~oses <br />The existing sedimentation ponds and proposed permanent impoundments have been sized and <br />designed rocontain athree-year accumulation of sediment (under full disturbance conditions for the <br />contributine watersheds) and retain the runoff from the ]0-near, 24-hour storm event. During normal <br />runoff tears, the ponds have filled to near capacity during spring runoff and discharged, retaining <br />