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JAMES A. BECKWITH <br />SNOWCAP COAL /TR -69 / SUMMARY OF FONTANARI OBJECTIONS / PG. % <br />Fontanari owns an extremely valuable water right in Rapid Creek, transmitted through <br />the Martin Crawford Ditch. For decades, the surface owner successfully employed flood <br />irrigation to raise crops and water livestock. As revealed in the June, 2014, Incident, however, <br />flood irrigation is no longer possible. There have been, are now and will continue to be <br />sinkholes and sub -surface conditions which prohibit flood irrigation. DRMS, MLRB and <br />Snowcap (through admissions by Mr. Stove) have concluded that this hydrologic connection <br />arises from the collapsed coal caverns beneath these Tracts. Under rule 4.20.3, Snowcap has the <br />duty to return Fontanari's use of the land to agricultural pursuits. This can only be achieved by <br />employing drip or sprinkler irrigation: which, in turn, requires that the full piping of the Martin <br />Crawford Ditch. This remedy is the only practicable and feasible repair which returns the value <br />and utility of the surface to what is has been historically. <br />To achieve that result, the Snowcap Repair Plan must be denied, and the Fontanari Repair <br />Plan adopted. <br />Objectors' Pre -Hearing Statement <br />Concurrently with this Summary, Fontanari is submitting its Objectors' Pre -Hearing <br />Statement. Mr. Beckwith is informed that Mr. Stutz, as counsel for Mr. Carey, will be submitted <br />a separate letter joining in this Statement. <br />Respectfully submitted, <br />(Iu_� k . �L <br />Mr. James A. Beckwith <br />