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breech of the structure to assure that senior appropriators receive the water to which they are entitled by law. SCC <br />requests that the State Engineer allow this pond to remain inplace until such time that a call on water from <br />downstream users occurs. At such time the emergency spillway can be physically lowered to allow impounded water <br />• to be released above the two (2) ac.ft. level. If necessary the entire embankment can be removed to allow discharge <br />of all impounded waters. Therefore, Pond 014 impoundment shall not result in the diminution of the quality or <br />quantity of water available to water rights holders for agricultural, industrial, recreational, or domestic uses except in <br />accordance with applicable state law. Documentation/approval from the SEO for Pond 014 will be forwarded when <br />received. Additional detain and discussions a~ contained in the PAP in Tab 13, Attachment 13-17, As-Built Report Sediment <br />Structure Pond 014 and on Exhibit 13-17, As-Built Pond 014. <br />Rule 4.05.9(]3)(e). Pond 014 has permanent pool surface of approximately 0.9 acres (surveyed in 2007). Ponds of <br />this size are typical of stock water impoundments throughout northwestern Colorado. <br />Rule 4.05.9(13)(f). Retention of Pond 014 as part of the post-mine landscape will assist with the proposed post- <br />mine land use of livestock grazing and wildlife habitat. Water, especially in the semi-arid mountain west, is an <br />essential component needed to assure livestock and wildlife survival. Without water, the area has marginal utility for <br />animals; consequently, this pond meets the intention of 4.05.9(13)0. Ducucrion of the port-mine land use it found in Tab <br />22, Revegetation Plan. <br /> <br /> <br />TR-37 2 08/08 <br />