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Objection to BMRI's AM-03 <br />Page 6 of 23 <br />February 22, 2008 <br />DRMS in AM-02 and presumably AM-03 (Exhibit C). A Statement of Opposition was <br />filed in that action by these Opposers. <br />. S. Related Administrative Proceedings <br />1. BMRI's Application before the Colorado Division of Water Resources <br />(DWR) for a Substitute Water Supply PI an (SWSP) filed in May, 2007, deals with water <br />quantity and with quality considerations as to the land dispersal concept. There has <br />been no disposition yet by the DWR. (Exhibit D) <br />2. It appears that an application will be filed by BMRI before the Colorado <br />Division of Public Health and Environment ("CDPHE") to allow for discharge consistent <br />with the 2007 water court filing and administrative proceedings before DRMS. (Exhibit <br />D, SWSP Application, p. 2) <br />3. Amended Permit AM-03 before DRMS notes that Amended Permit AM-02 <br />is now withdrawn. (p. 1) <br />STATEMENT OF OBJECTIONS AND COMMENTS <br />Active mining by BRMI at the San Luis Mine in the 1996-1997 time frame. After <br />active mining ceased, waters were observed spilling from the West Pit area into the F;Vdo <br />Seca. Since that time, waters have continuously flowed up and Into the West Pit BMRI <br />then filed their Amended Application for the Termination of Underground Water Rights <br />and for Amendment of Existing Plan for Augmentation in 99CW057. After the decree <br />was entered in June 2002, BMRI continued* to treat waters in its water treatment facility <br />and *discharge treated waters to the Rito Seco. Sometime after 2002, BMRI purchased <br />the Shalom Ranch (formally known as Dos Hermanos Ranch in 89CW32) and renamed <br />it the Salazar Ranch. A BMRI affiliate currently owns the ranch. <br />Aside from the BMRI purchase of the Shalom Ranch through an affiliate, the only <br />apparent major contention by BMRI is that from 2002 to the present, there has been a <br />change in circumstances as to water quality at the West Pit. BMRI contends that as <br />long as the West Pit's waters are held at the current water level, the quality "has <br />returned to the pre-mining water quality such that BMRI plans to put the water to <br />beneficial use to support crop irrigation at the Salazar Ranch." (AM-03, p. 14) However,