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Mr. Dan Mathews <br />October 3, 2008 <br />Page 2 <br />21. and 22. Responses accepted. <br />23. In our original comment to SCC, we stated that under the capacity discussion for the Stockpond <br />ST-1 permanent demonstration, SCC indicates that "since the capacity is under the 2 ac. ft. <br />limit, the State Engineer's office does not need to review the permanency request". In the <br />September 4, 2008 response SCC provided the following citation from the CRS Title 35- <br />Agriculture, Article 49-Livestock Water Tank Act of Colorado, Section 35-49-107(2). <br />35-49-107 Construction requirements. <br />- (2) -The provisions of this-section and section 35-49-112 sPecifying approval by.the state <br />engineer and providing a fee therefore shall not apply to dams having a vertical height not <br />exceeding five feet from the bottom of the channel to the bottom of the spillway and which <br />impound not more than two acre feet of water. <br />This is true for Livestock Water Tanks; however, the Office of the State Engineer needs to be <br />notified of all dams constructed for "Stockponds". I spoke with Jay James of JEC, Inc. (SCC's <br />consultant) on October 3, 2008 and they are aware of this requirement and have been in contact <br />with the local Division of Water Resources office in Steamboat Springs to ensure that the <br />proper notification procedures are followed for the Stockpond ST-1. Please provide the <br />Division with documentation that proper notification has been made and revise the Stockpond <br />ST-1 Permanent Pond Demonstration accordingly to reflect this. <br />24. Response accepted. <br />c: Sandy Brown