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• RHO`®~Oq • III III III III'111111 `'G ~~ <br />RICHARD D. LAMM C ~i `P C.J. KUIPER <br />Governor m ~ State Engineer <br />..•~~ <br />>tat0 <br />DIVISION OF WATER RESOURCES <br />Department of Natural Resources ~?~74 <br />1313 Sherman Street ~ Room 818 ~~ ~''~' ~'~ ~ ~ ~"'- ""`~ <br />Denver, Colorado 80203 <br />Administration (3031 892-3581 <br />Ground Water (303) 892-3587 ^^~r)? =; ~~j1d <br />March 14, 1978 <br />- ~. ~.. R~.:,l <br />MEMORANDUM ,10. Dept. u* F;Sw:a; ;.~~t._''-~ <br />T0: HARRIS D. SHERMAN, SECRETARY, MINED LAND RECLAMATION BOARD <br />FROM: DR. JERIS A. DANIELSON, DEPUTY STATE ENGINEER <br />SUBJECT: ROCKCASTLE COMPANY - GRASSY CREEK MINE N0. 1, ROUTT COUNTY, <br />APPLICATION FOR MINING AND RECLAMATION PERMIT <br />As requested by your office, we have reviewed the application for a surface <br />coal mine near Hayden. We recommend that the Board require the following <br />additional information before approving this application: <br />1. Exhibit G states that dust control water ". will be pumped <br />from livestock ponds on the headwaters of Grassy Creek." <br />Livestock ponds are given special status in 35-49-101, CRS <br />1973 and cannot be used for any other purpose without permission <br />from the Water Court. The applicant may use a livestock pond <br />for dust control if he obtains storage rights for industrial <br />or mining purposes from the Division VI Water Court in Steamboat <br />Springs. <br />2. Exhibit G also states that "only one dam will be constructed <br />by the Rockcastle Company." Regardless of the size of the dam, <br />the applicant should obtain storage rights if the water in the <br />reservoir is put to any beneficial use except livestock watering <br />in order to prevent reservoir water from having to be released <br />to satisfy a water right with a newer appropriation date but <br />which had the foresight to adjudicate his right and become <br />senior to the unadjudicated water right. <br />JAD/SSH/pjl <br />cc: Wesley Signs, Div. Eng. <br />_ ~ ~ - <br />eris A. Danielson <br />•' <br />Co~SCr~- ~13ha <br />