2016-11-02_PERMIT FILE - C2016090 (2)

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January 25, 2013 MR. JEREMIAH BECK PO BOX 178 KIRBYVILLE, TX 75956 Dear Mr. Beck, I am writing, per your request, to provide general information concerning Colorado water law and how it may apply to your proposed coal mining project in Las Animas County. The first thing to note is the location of this specific property, which is located in an area of the Arkansas River Basin where water is considered to be over -appropriated. For your reference, I can also tell you that the property of interest is NOT located within a Designated Basin. The first publication I would like to direct your attention to is the Guide to Colorado Well Permits, Water Rights, and Water Administration. I would recommend that you read the entire publication, as it provides a wealth of general information concerning water law in Colorado. However, I have flagged several sections of the publication that might be more specifically what you're interested in. These sections include "What Type of Well Permit Can I Get?", "What is an Augmentation Plan", "Can I Build a Fishpond", "Water Rights in Colorado", and "How Do I Obtain a Water Right?". As we have discussed, any excavation that exposes ground water (i.e. excavated pit/pond that fills with ground water) is required to have a non-exempt well permit in Colorado. The property of interest is located in an area of the state where water is considered to be over -appropriated, and therefore a court -decreed plan for augmentation or State Engineer -approved substitute water supply plan would be required in order to obtain such a well permit. Such a plan would ensure that the evaporative depletions caused by the exposure of ground water would be replaced such that existing water rights would not be injured. Please refer to the enclosed The Beginners Guide to Augmentation Plans for Wells and Policy 2003-2 for further information regarding plans for augmentation and substitute water supply plans. An alternative to obtaining a non-exempt well permit for the exposed ground water would be to backfill the pit. If the pit was able to be backfilled to a level two feet above the ground water table such that there was no longer any exposed ground water, then the existing pit would no longer require a permit from our Agency. If it is your interest to have a lined pit to use for water storage as a part of your mining reclamation plan (that is, the water in the pit IS NOT ground water), then I would suggest you read the section that I have flagged "Obtaining Water Rights" in the Guide to Colorado Well Permits, Water Rights, and Water Administration. After a cursory review of the area, I have found what appears to be three ground water rights in the name of Buddy J. Healy that were decreed by the Division 2 Water Court in case no. W-3512. In this case it appears that three wells were adjudicated for various uses, including stock watering, domestic, and municipal. I have included a copy of the decree entered in case no. W-3512 for more detailed information concerning those ground water rights.