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<br />Mr. Jim Stover, P.E. <br />August 9, 1996 <br />Page 2 <br />Whereas if the "drill holes" are test wells, dewaterng wells, monitoring and observation <br />wells pursuant to Rule 3.1, then the Water Well Construction Rules are applicable. <br />Perhaps better definition of the "drill holes," their intended purpose and use would help <br />define which category, and thus which rule is applicable. <br />Item 3 of your letter points out that the sediment ponds are required by DMG and the <br />discharge permit. The comment from this office regarding the negative water resource <br />aspects of "clean" water versus "silty water" was intended to merely point out the emphasis <br />water resource statutes (and case law) put on water "suitable for the use intended." <br />Particularly some ditch systems prefer (and sometimes rely) on silty water to "lubricate" and <br />seal their ditch delivery system. This may or may not be of concern for the Fire Mountain <br />Canal or Deer Trail Ditch. <br />Item 4 of your letter indicates "The applicant has in fact not quantified water quantity <br />impacts." The Division Engineer for Division 4, Water District 40 (which is the water <br />administration region of the proposed mining activity) indicates that all tributaries and the <br />mainstem of the North Fork of the Gunnison River from the headwaters to the confluence with <br />the Gunnison River are considered overappropriated. This means that any use of water with <br />subsequent depletive effect beyond historic use quantities or use times would require a plan <br />of augmentation to mitigate these quantity or timing depletive effects. An analysis of <br />depletive effects and timing of the historic use of the water rights identified vis-~-vis, the <br />proposed depletive effects and timing of use may indeed indicate no plan of augmentation is <br />required, as you indicate. But without a water use analysis, monitoring alone may not indicate <br />injury to vested water rights. To wait until monitoring has idenitified water quantity impacts <br />will unnecessarily subject existing vested water rights to injury. The intent of the water <br />resource analysis (depletion and timing of use) would be to define injury, if potential exists, <br />before it occurs and devise a plan of augmentation to alleviate it. <br />I trust this addresses your concerns and clarifies our comments. <br />CGR:jmg <br />cc: Anthony J. Waldron, DMG <br />Kenneth Knox, DWR <br />7306L.cr <br /> <br />Sinc/erely. // <br />~C/GUG!~i /<cr~c~ <br />Chuck Roberts <br />Professional Engineer III <br />