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jCOLORADO <br />Division of Water Resources <br />DeK;artrnent of N�ah.ar�zl RE��s�urCes <br />1313 Sherman Street, Room 821 <br />Denver, CO 80203 <br />July 11, 2014 <br />Susan L. Burgmaier, Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Re: Bowie No. 2 Mine (Permit No. C- 1996 -083) <br />Technical Revision No. 87 - Revised <br />Dear Mrs. Burgmaier: <br />The Division of Water Resources has reviewed the <br />Application. The applicant proposes to expand Pond D, <br />upgradient of Glob Pile #2. The mining operation is located <br />Paonia in Delta County. The State Engineers Office (SEO <br />this project: <br />,FCEIVED <br />JUL 1 I ZV <br />Division of Reclamation, <br />",kning & Safety <br />Bowie No. 2 Mine Permit Revision <br />and relocate the diversion ditches <br />approximately 5 miles northeast of <br />offers the following comments on <br />Please note that the site is located within an over appropriated stream basin. All surface <br />and ground water diversions in over appropriated areas must be made in priority or must be fully <br />augmented so as to not cause injury to senior water rights. Our records indicated that the site <br />operates pursuant to water rights and a plan for augmentation decreed in Water Court Decree <br />Case No. 99CW263. The applicant has proposed that while the overall pond size is set to <br />increase, the elevation of the outlet works and normal pool size will not be affected, and <br />accordingly, there would be no increase in consumptive use. The normal pool size is the basis <br />for evaporative consumptive use in the plan for augmentation, and as such, should not be <br />increased without prior Water Court Approval. Again, the applicant should be aware that <br />changes to the site that do result in an increase in consumptive use will require Water Court <br />Approval. <br />Additionally, if storm water is not diverted or captured in priority, Colorado water law <br />requires it be released, or replacement for evaporation will be required of the operator /owner of <br />the site. The State Engineer's current policy requires that all impounded water be released to <br />the stream system within a maximum of 72 hours after impoundment. Unless captured in <br />priority, impounded water may not be used for any purpose except as approved under a <br />substitute water supply plan or a decreed plan for augmentation. Additionally, If the construction <br />of any ponds /pits exposes ground water, the pond /pit must be backfilled immediately until a well <br />permit issued pursuant to CRS 37 -90- 137(2), allowing the exposure of ground water in a <br />pond /pit, is obtained from the State Engineer. <br />1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.2223 www.water.state.CO.us <br />