2011-02-28_PERMIT FILE - C1991078A (3)

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0 2.05.3(4) Ponds, Impoundments and Diversions The applicant proposes to have Pond B approved as a permanent impoundment. The following demonstration is provided to satisfy Rule 4.05.9(13) Permanent Impoundments: a) The quality of the impounded water shall be suitable on a permanent basis for its intended use, shall meet applicable state and federal water quality standards and discharge of water from the impoundment shall meet applicable State and Federal effluent limitations and shall not degrade the quality of receiving water below applicable stream standards; The intended use of the water is for wildlife and cattle consumption. The water impounded is run -off generated by snow melt and significant precipitation events. Wildlife and cattle routinely consume water that is retained in stock ponds. Stock ponds are used throughout the and west to retain water for wildlife and cattle use. The water retained in Pond B does not run through refuse or spoil piles so the water would have the same characteristics as any other water stored in other stock ponds in the area. Therefore the water is suitable on a permanent basis for its intended use. b) The level of water shall be sufficiently stable, and the configuration of the pond shall be adequate, to support the intended use; The level of water and reliability of water are unpredictable. In four of five years during the period from 2004 through 2008, the pond contained water during the first quarter inspection. The landowner runs cattle in the area of the permanent impoundment. If no water is available in the pond, the landowner hauls water to the cattle. Thus, any water available in the pond is valuable to the landowner. c) Adequate safety and access to impounded water shall be provided for proposed water users; Cattle and wildlife should have no problem with safety and access to the impounded water. The pond embankment slopes are 4h:1v or flatter. • d) Water impoundments shall not result in the diminution of the quality or quantity of water available to water right holders for agricultural, industrial, recreational, or domestic uses except in accordance with applicable state law; The quality of water will only be improved by the permanent impoundment. High flows with high sediment loads will be retained in the pond thus reducing downstream sediment load. Drawing 111, Water Rights Location Map, shows there are no water right holders between Pond B and the San Miguel River. 2.05 -8ii 11/2010 TR -09