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Rule 4.05.9(]3)(d). SCC currently has a conditional water right for this pond, Case No. 95 CW 72, Water Division <br />No.6. On July 31, 2008, SCC applied for an absolute water right on this pond. However, SCC also understands <br />that the State Engineer' Office (SEO) has the authority to order the installations of low-level outlets capable of <br />releasing all storage from the structures or breech of the structure to assure that senior water right holders receive <br />the water to which they are entitled by law. SCC has requested that the State Engineer allow this pond to remain <br />inplace until such time that a call on water from senior water right holders. At such time the emergency spillway can <br />be physically lowered (with the use of a dozer or backhoe) to allow impounded water, above the two (2) ac.ft. level, <br />to be released. If necessary the entire embankment can be removed to allow discharge of all impounded waters. <br />Therefore, Pond 010 impoundment shall not result in the diminution of the quality or quantity of water available to <br />water rights holders for agricultural, industrial, recreational, or domestic uses except in accordance with applicable <br />state law. Documentation/approval from the SEO for Pond 010 will be forwarded when received. Additional detailr <br />and drrcurrionr are contained in the PAP in Tab 13, Attachment 13-3A, A.r-Built Report Sediment Stntctun Pond 010 and on <br />Exhibit 13-4A, As-Built Pond 010. <br />Rule 4.05.9(13)(e). Pond 010 has permanent pool surface of approximately 2.0 acres (surveyed in 2007). Ponds of <br />this size are typical of stock water impoundments throughout northwestern Colorado. <br />Rule 4.05.9(]3)0. Retention of Pond 010 as part of the post-mine landscape will assist with the proposed <br />post-mine land use of livestock grazing and wildlife/aquatic habitat. Water, especially in the semi-arid mountain <br />west, is an essential component needed to assure livestock and wildlife survival. Without water, the area has <br />marginal utility for animals; consequently, this pond meets the intention of 4.05.9(13)(f). Ducurrion of the port-mine <br />land use u found in Tab 22, Revegetation Plan. <br /> <br /> <br />TR-37 2 08/08 <br />