2014-08-15_REPORT - C1981010 ‎(2)‎

• Permit No: C1981010
• IBM Index Class Name: Report
• Doc Date: 8/15/2014
• Doc Name: Annual Reclamation Report & Hydrology Report
• From: Trapper Mining Inc
• To: Divsion of Water Resources
• Annual Report Year: 2013
• Permit Index Doc Type: Hydrology Report
• Email Name: JLE
• Media Type: D
• Archive: No

TR -113 DWR Response Letter (Cont'd)
Page 3 of 4
4.05.14 Transfer of Wells.
An exploratory or monitoring well may only be transferred by the person who conducts surface
or underground mining activities for further use as a water well in accordance with the following
requirements:
(1) A well permit must be obtained from the State Engineer in accordance with C.R.S. 37 -90 -138,
37 -90 -137 or 37 -92 -602 prior to any beneficial use of water from the transferred well.
(2) Subsequently, the operator and the surface owner of the lands where the well is to be located
shall jointly submit a written request for approval of transfer to the Division.
(3) Upon an approved transfer of a well by the State Engineer and the Division in accordance
with 4.05.14(1) and (2) above, the transferee shall:
(a) Assume primary liability for damages to persons or property from the well in
compliance with 4.05.15;
(b) Plug the well when necessary, but in no case later than abandonment of the well; and
(c) Assume primary responsibility for compliance with 4.07.1, 4.07.2 and 4.07.3 with
respect to the well.
(4) Upon an approved transfer of a well, the transferor shall be secondarily liable for the
transferee's obligations under 4.05.14(2) above until release of the bond.
This regulation clearly states the statutes and requirements of obtaining well permits with DWR
and when it is necessary for a coal mine.
Trapper is open to any and all options to resolve and understand the exact regulatory
requirements of the Division of Water Resources versus the Division of Reclamation, Mining and
Safety. Trapper will possibly be drilling three new monitoring wells later this summer or fall.
We understand we need to resolve this issue before completing these wells.
I would like to discuss this matter further with you after your review of this letter. Please contact
me at (970) 826 -6143 at your earliest convenience. If there is something further in the
regulations or a memorandum of understanding that I have missed I would like to be informed of
it. However, it is still our position that monitoring wells completed and permitted under the
direction of CDRMS are exempt from the well permitting requirements of DWR.