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Objection to BMRI's AM-03 <br />Page 21 of 23 <br />February 22, 2008 <br />conditions. Does the current testing represent a permanent condition in the West Pit <br />waters? If so, what is the underlying basis for the contentions? <br />The possibility of the untreated waters migrating from the Shalom Ranch property <br />onto adjoining properties needs to be addressed either through naturally occurring flow <br />of the ground water, and/or movement by winds, and particularly those winds that blow <br />heavily in the spring. <br />Any injury to lands and/or waters as a result of moving such untreated waters to <br />the Shalom Ranch may constitute a taking to those impacted parties without <br />compensation to the loss of property values. <br />. The permit amendment needs to be examined under the criteria set forth in the <br />Regulations as to the hydrology and water quality. <br />BMRI may contend that it intends to amend the surface and ground water <br />monitoring plan to reflect the current status of site-wide closure and reclamation. Detail <br />needs to be provided as to how and in what manner the surface and ground water <br />monitoring plan would be modified. <br />Allowing a land dispersal concept to be accepted as proposed in the permit <br />amendment requires. separate approval as to discharges by the Colorado Department of <br />Health and Environment as to discharges along with Water Court approval in Water <br />Division III for change in water right decree. <br />As proposed in the AM-03, the Division of Reclamation Mining and Safety may <br />lack jurisdiction as to issues of land dispersal and particularly where waste waters are <br />contemplated for use on farm lands under a beneficial use standard. <br />AM-03 should be denied solely based upon the admitted facts that the land <br />dispersal program for the San Luis town wells are admittedly downgradient, and in a <br />direct flow-path, of the injected waste water. <br />At such time as these Opposers are able to review the comprehensive historical <br />data for all testing sites, and conduct their own evaluation, Opposers will supplement <br />their position as appropriate. It is not known if a comprehensive set of historical test <br />results have yet been submitted to these Opposers.