Laserfiche WebLink
the ability to cross - examine witnesses and present evidence, is the best forum to <br />achieve a fair and just result for all parties. <br />(3) No Showing of Immediate Need to Utilize Salazar Ranch Water <br />Rights. BMRI has made no showing of a need to use augmentation waters from <br />the Salazar Ranch in 2011 as is implicitly suggested in the SWSP. Except for <br />the possible use of untreated West Pit waters on a growing crop in the TMF <br />(which was not mentioned in the request), there is no suggestion of an immediate <br />need to implement a SWSP. <br />(4) Key Components of 99CW057 in Place to Accomplish Intended <br />Purposes. A key component of 99CW057 is the existence of the water <br />treatment facility which is currently processing untreated waters and discharging <br />treated waters to the Rito Seco. There is nothing to indicate that the water <br />treatment facility is not operating as planned. In addition, augmentation waters <br />are being made available from the Rocky Mountain Farms well and piped to the <br />headgate of the Salazar Ditch. As such, the two key components of 99CW57 <br />decree are functioning, as intended. BMRI's request for an alternative source of <br />augmentation water is only made in the context of seeking to supplement its <br />current augmentation supply from the Rocky Mountain Farms well. <br />(5) Increased Depletive Effects Not Addressed. BMRI makes vague <br />references in the SWSP to increased depletive effects that need to be <br />augmented due to "more water augmentation activities" due to increased <br />pumping of West Pit waters. (p.5) The SWSP does not describe or make a <br />quantitative determination of the increased depletive effect and how those effects <br />will be augmented, except by noting that the waters will be fully consumed and <br />augmented 100 %. The lack of detail in the SWSP conceming the scope, <br />methodology and nature of the increased depletive effects does not permit the <br />SEO or these objectors to fully evaluate what is contemplated by such activities. <br />(6) irrigation Use of Untreated Waters on TMF. During a field trip <br />attended by CostiHa County and BMRI representatives on June 17, 2011, we <br />observed what was understood to be the planting of a canola crop on a dry <br />portion of the TMF next to the area holding water. The dry area has a sprinkler in <br />place for use of irrigation of crops. It appears that any crops grown in the TMF <br />may be irrigated with untreated West Pit waters. To the extent that irrigation of a <br />canola crop is part of the contemplated additional water management activities, <br />the scope, accounting, and operational aspects of the plan should be set forth in <br />adequate detail in the SWSP. Further, assuming that irrigation of a crop is part <br />of BMRI's contemplated plan, an appropriate amendment should be made to the <br />07CW42 plan of augmentation and change of water right action to provide a <br />means to evaluate the scope, accounting, and contemplated usage of lands <br />within the West Pit area. The SEO and these opposers are entitled to be <br />provided detail as to what is being sought. To the extent that a crop has been <br />irrigated in the TMF since mid -June, such has commenced without approval of <br />the SEO or the Water Court. <br />4 <br />