2019-05-09_PERMIT FILE - M2018051 ‎(3)‎

• Permit No: M2018051
• IBM Index Class Name: PERMIT FILE
• Doc Date: 5/9/2019
• Doc Name: Objection
• From: Vranesh & Raisch, LLP
• To: DRMS
• Email Name: PSH
• Media Type: D
• Archive: No

Peter Hays
May 9, 2019
Page 2
Fort Morgan, CO 80701-0972
Bus. Phone: [phone]
Please note that BMS and Bijou have met to discuss concerns with the referenced permit
application. It is Bijou's understanding that BMS will be submitting a revised permit
application, and that an additional public comment period will be available (see
attached letter from BMS to Bijou dated May 3, 2019). Bijou appreciates BMS's efforts to
date, and anticipates ongoing communications with BMS about the Lost Creek Mine
project and Bijou's concerns.
Bijou has only been aware of the permit application for several weeks, and it currently
has concerns about potential loss or injury to the interests described in this letter. Along
with its technical and legal consultants, Bijou is still in the process of evaluating the
mining project and proposed reclamation plan, information and materials provided to
date, and BMS's proposed operating terms and conditions. This comment letter is
therefore not all inclusive of Bijou's comments and concerns, and the District and the
Company reserve the right to provide new and/or supplemental comments and other
supporting information at a future date regarding the Lost Creek Mine project as
described in the original permit application or in any revised permit application
submitted by BMS.
Bijou Information
The District is a statutory 1905 Act Irrigation District that owns and diverts water rights
for the benefit of landowners included within the District's boundaries. The District has
property rights in Empire Reservoir, an unlined storage structure with a capacity of
approximately 37,700 acre-feet, and in the Empire Inlet Canal, which is the ditch used to
deliver water into Empire Reservoir from the South Platte River. The District holds
decreed water storage rights for Empire Reservoir. These rights are used for irrigation
of lands located on the south side of the South Platte River to the east of Empire
Reservoir. Water is released from Empire Reservoir into the Bijou Irrigation Company's
delivery canal, and then delivered to the landowner properties. The District also holds a
decreed water right for recreational and piscatorial uses of water stored in Empire
Reservoir, and those uses are managed and regulated by the District for the benefit of
numerous persons and entities. Empire Reservoir also provides a habitat location for
wildlife and aquatic species and resources. The Company is a mutual ditch company