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(9) Use of Remediation Wells. Inherent in BMRI's SWSP request is <br />the fact that, in whole or in part, wells adjudicated in the West Pit area for <br />remediation purposes in 99CW057, will be used, in part, for an irrigation purpose. <br />Costilla County's understanding is that BMRI's intention is to pump untreated <br />West Pit well waters for use as the proposed source of irrigation water for the <br />canola crop in the TMF. These untreated waters have been, or will be placed, on <br />a growing canola crop. It appears that BMRI intends to pipe and pump untreated <br />waters to the TMF, and irrigate the crop through the sprinkler system. To the <br />extent untreated waters are used in this manner, it constitutes a change of use of <br />a water right from remediation to irrigation purposes, which is different use from <br />the remediation aspect of 89CW32. <br />Once again, BMRI has not specifically set forth in the SWSP how and in <br />what manner the irrigation use of waters will be accomplished, the mechanics <br />and accounting under this approach, acres irrigated, and how the remediation <br />purpose of such wells will remain protected. Further, BMRI needs to make a <br />showing as to how wells adjudicated for remediation purposes purportedly can <br />be changed, at least in part, for use for irrigation purposes. Costilla County's <br />position is that all remediation wells should only be utilized for remediation <br />purposes. <br />The West Pit wells, adjudicated in 99CW057, include wells in the West Pit <br />along with the recapture wells used to pump waters back into the West Pit area. <br />Each of these wells are adjudicated for remediation purposes in order to assist in <br />preventing untreated West Pit waters from reaching the Rito Seco. Further, the <br />West Pit wells are pumped in order to maintain water quality at designated levels <br />in the West Pit pond. The water treatment facility is designed to treat West Pit <br />waters prior to discharge to the stream. In short, the remediation focus was a <br />key part of 99CW057. <br />(10) Use of Treated or Rocky Mountain Farm Well for Irrigation <br />Purposes. In the event irrigation of crops is permitted in the TMF, only treated <br />waters from the water treatment facility or waters pumped from the Rocky <br />Mountain Farms well (Permit No. 8324 -R) should be used for those irrigation <br />purposes, if BMRI otherwise meets the requisite legal and administrative <br />requirements to allow such waters to be used for irrigation. <br />(11) Flood Irrigated Lands. Part of BMRI's HCU calculations refer to <br />historically flood - irrigated lands comprising approximately 85 acres. Due to the <br />decreased availability of physical supplies, plus lack of irrigation in recent years, <br />these numbers need to be appropriately adjusted as opposed to relying upon a <br />selective time frame. (1981 to 2005) <br />BMRI contends that one of the sprinklers - the east pivot - has been <br />retired and that there is enough available supply generated through retirement of <br />the east pivot and historically flood- irrigated lands to support its HCU credit <br />computation under its augmentation plan. (SWSP p.6) BMRI claims that flood- <br />7 <br />