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Objection to BMRI's AM-03 <br />Page 3 of 23 <br />February 22, 2008 <br />. 1. Continued pumping of the West pit wells. The purpose of pumping these <br />wells is to control the ground water level in the West Pit area-and prevent ground water <br />outflow to the Rito Seoo and/or Rito Seco alluvial aquifer. <br />2. Continued operation of the Rito Seca alluvial ground water capture wells <br />to prevent further downgradient migration of affected ground water. <br />3. Eventual decommissioning of the water treatment plant, The waters <br />previously treated by the plant are to be conveyed by pipeline to the Shalom Ranch <br />where the waters will be used for irrigation. <br />4. Storage of waters during the non-irrigation season on the Shalom Ranch <br />for use of waters on the two irrigated quarter sections. <br />Use of the waters on the Shalom Ranch is effectively a land dispersal concept <br />The concept provides for using untreated waters for crop irrigation on irrigated farm <br />lands. These Irrigated lands have historically used untreated waters to grow crops. The <br />Shalom Ranch is in close proximity to the town of San Luis and several domestic wells. <br />Under BMRI's proposal, a portion of the contaminated waters will be introduced into the <br />aquifer as part of the irrigation with sprinklers causing a degration of the current <br />condition of the ground water from an aquifer. that provides a source of supply of <br />domestic waters to the town of San Luis and surrounding domestic wells. The source of <br />the surface water supply from the Rito Seco at the Shalom Ranch is also the direct <br />source of supply and means of distribution for separately-owned ditch streams - the <br />Espinoza Ditch, Acequia Chiquita, San Luis People's Ditch and the Montez Ditch. Other <br />potentially impacted ditches include the Allen Ditch, San Acacio Ditch, and the Espinosa <br />Ditch. . <br />As described in the Amended Application AM-03 of December 2007, BMRI seeks <br />the same contentions set forth in paragraphs 1 through 3 above, but has amended its <br />plan by seeking storage ponds in the West Pit area as opposed to locating them on the <br />ranch. <br />BACKGROUND OF LEGAL/ADMINISTRATIVE ACTIONS <br />A. Legal Proceedings <br />There are several prior actions relating to this matter.