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and Columbian Ranch properties in Costilla County were used as source of <br />supply for an augmentation plan, with augmentation waters delivered to the Rito <br />Seco immediately upstream of the Salazar Ditch headgate. <br />(b) Case No. 99CW57. This Water Court decree, entered on June <br />4, 2002, dealt with the reclamation phase of the project (Decree, p.3) and was <br />used to facilitate problems relating to a continuous spill of West Pit waters <br />emanating in and up from the West Pit area into the Rito Seco. As a result of the <br />decree, certain wells were adjudicated for remediation purposes in and near the <br />backfilled West Pit to prevent ground water flow from the backfilled West Pit to <br />the Rito Seco alluvium. Waters from the West Pit are pumped to an on -site <br />treatment plant, treated and discharged to the Rito Seco. The treatment plant <br />and related process was designed to prevent overflow of poor quality waters from <br />the West Pit area into the Rito Seco. (Decree, p.3) <br />In addition to pumping the backfilled West Pit, wells in the alluvium down - <br />gradient from the backfilled West Pit are also pumped to control the migration of <br />untreated ground water in the alluvium. These recapture wells are part of the <br />overall means to control water quality. Four West Pit wells and seven down <br />gradient recapture wells were also permitted and decreed for remediation <br />purposes. <br />In addition, water levels are controlled in the pond in close proximity to the <br />water treatment facility in order to maintain a water level which assures <br />appropriate water quality.' (See DRMS letter of Wally Erickson of April 25, 2008 <br />and attached reports — Exhibit A). Permitting has occurred by the Colorado <br />Division of Reclamation, Mining and Safety ( "DRMS "), formerly the Division of <br />Minerals and Geology, pursuant to BMRI's Colorado Mine Land Reclamation <br />Board ( "MLRB "), and subject to certain requirements of the Colorado Department <br />of Public Health and Environment ( "CDPHE "). Permitting of the water treatment <br />facility has occurred through CDPHE. Augmentation water was supplied through <br />Rocky Mountain Farms well — Permit No. 8324 -R. <br />As part of the SWSP filed on June 24, 2011, BMRI seeks to have a SWSP <br />that is generally consistent with its second amendment to the application filed in <br />07CW42 on July 22, 2010. <br />III: COMMENTS AND OBJECTIONS <br />Costilla County's comments and objections to the June 23, 2011 SWSP <br />are as follows: <br />I "...the quality of the West Pit water is dependant on an involved rocess of mechanical <br />P pumping to precisely control <br />the elevation of ground water in the West Pit. As such, the quality of the water in the West Pit storage ponds is suspect <br />and not guaranteed. The Division recommends that numerous protective standards be established for the untreated <br />water in the West Pit storage ponds and that monitoring and reporting procedures be established to verify the water <br />quality periodically and prior to being released to the irrigation pipeline." (DRMS Erickson letter of April 25, 2008, <br />p.3.) <br />2 <br />