2008-03-03_REVISION - M1988112 (21)

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Objection to BMRI's AM-03 Page 22 of 24 February 22, 2048 Applicant BMRI has not complied with Section 1.130 A of the Castilla Land Use Code which requires a land use permit for the excavation of land within the Watershed Overlay District. SUMMARY There are three separate jurisdictional entities dealing with water quality considerations tied to the land dispersal concept - applications before DRMS, DWR, and the Water Court. Applications are pending before all three entities. At the end of the day, the Water Court will have the ultimate jurisdiction to determine whether or not the change of water-right proceeding, which involves both water quality and water quantity considerations, will be approved. Although the Water Court does not normally become involved in water quality considerations, Case Nos. 89CW32 and 99CW057 were the exception. The Water Court is a coordinating entity that must necessarily deal with the various administrative agencies. involved in the permitting process for BMRI. Deference by the various administrative agencies to the Water Court to deal with the overall water quality and water quantity considerations is appropriate under the circumstances. In addition, the application before DRMS should clearly be denied on its own merits. The underlying technical and engineering assumptions have not been developed to.a sufficient degree to assure that there are zero risks involved in the land dispersal process. The water treatment facility, which comes close to assuring zero risk of having untreated.waste waters introduced into the Rita Seca, is the only acceptable treatment procedure. It treats the waste water, and the constituents contained therein, at a remote, confined location. The treatment is effective at the source. BMRI seeks to abandon that concept for a land dispersal process that has two major components: (a) waste waters from the West Pit area will be introduced into the