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C linton Di tch and R eservoir Company

Exhibit F. C linton Di tch and R eservoir Company . Powdr-Copper Mountain , LLC. Climax and WQCD Proposals Issues and concerns . Not Protective of Existing Classified Uses Segment 13 classified for agriculture Segment 15 classified for water supply and agriculture

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C linton Di tch and R eservoir Company

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  1. Exhibit F Clinton Ditch and Reservoir Company Powdr-CopperMountain, LLC

  2. Climax and WQCD ProposalsIssues and concerns • Not Protective of Existing Classified Uses • Segment 13 classified for agriculture • Segment 15 classified for water supply and agriculture • other water supply standards apply (sulfate, iron and manganese) • Segment 22 (Clinton Reservoir) classified for water supply and agriculture – receives water from Segments 13 and 15 • UAA is required for downgrading or removing a use

  3. Decreed Water Rights

  4. Inconsistentwith Copper Mountains Diversions and other Beneficial Uses • Water quality standards are set to protect all beneficial uses • Wildlife uses • Aquatic Life • Copper Mountain diversions for snowmaking and irrigation • Impacts on snowmaking use and equipment • USFS permitting effects • Protected with Water Supply Classification

  5. Regulations Require Classifications to Protect the Highest Water Quality Attainable and Uses for which Water is Suitable • Segment 15: Water quality currently suitable for water supply and agriculture • Segment 13: Water quality currently suitable for water supply uses in lower Segment 13 • Segment 14: Water quality currently suitable for water supply and agriculture

  6. Tenmile Creek Molybdenum Concentrations

  7. Source Protection vs. Degradation • Standards are adopted to protect: • existing uses within Segment • attainable uses within Segment • best water quality attainable within Segment • uses in downstream segments • Imposes all the risk on downstream uses • No information on fate and persistence of molybdenum in environment • Entire flow of stream is needed for dilution

  8. Discharge Permit Limits will not Protect Segments 13 and 15 • No protection for Clinton Gulch Reservoir • No protection for Copper Mountain or other water rights on Segment 13 • Current Climax discharge permit on Segment 13 did not consider standards in Segment 14 and has no limits for molybdenum or any other water supply parameters

  9. The Solution • Adopt molybdenum standard for existing classification in Segment 15. • No need for temporary modification • Adopt Water Supply Classification in Segment 13 with molybdenum standard (or adopt molybdenum standard for existing agricultural classification). • No need for temporary modification in lower Segment 13 • Adopt standards for existing Water Supply Classification in Segment 14 • No need for temporary modification.

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