APPCOR12272

• Permit No: C1981025
• IBM Index Class Name: Application Correspondence
• Doc Date: 11/24/1982
• Doc Name: MEMO REVIEW OF WATER RIGHTS ADEQUACY FOR SNOWMASS COAL CO NORTH THOMPSON CREEK MINES FN C-025-81
• From: DWR
• To: MLRD
• Media Type: D
• Archive: No

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RICHARD D. LAMM
Governor
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DIVISION OF WATER RESOURCES
Department of Natural Resources
1313 Sherman Street -Room 818
Denver, Colorado 80203
Administration (3031839-3581
Ground Water [phone]
November 23, 1982
J. A. DANIELSON
State Engineer
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fJOV 2~! 1982
fv11NED LAND RECLAMATION
CDIo. Dept. of Natural Resource
TO: Roy L. Cox, Mined Land Reclamation Divisio
FROM: Hal D. Simpson, Assistant State Engineer ~.~
SUBJECT: Review of Water Rights Adequacy for Snowmass Coal Company,
North Thompson Creek Mines, File No. C-025-81
As revuested, we have reviewed the material sent to us on the above referenced
mine operation near Carbondale. Because of the limited time available for com-
ment, we did not review the whole report in detail. We have limited our review
and comments on the mine operation to the concerns expressed in your memo of
November 9 , 1982 .
The entire Colorado River Basin above Cameo is considered critical. When we
state the basin is critical, we mean that the basin above Cameo has in the past
been under administration to fill senior water rights. In other words, not all
those who wish to use water, including farmers, are allowed to use water when
they want to. As conditional water rights are perfected, we believe the stress
on users, especially farmers, will grow. Because of this, we believe continued
mining, which will result in increased seepage in the mine, would interrupt,
discontinue, or preclude farming on alluvial valley floors. The MLRD must con-
sider this impact under MLRB Rule 2.06.8(5)(a)(i) for coal mining. We also
believe mining will materially affect the quantity of water in the surface water
system. (MLRB Rule 2.06.8(6)(a)(i)(A)(II) for coal mining)
Specifically, the Pioneer Ditch, located on Thompson Creek downstream of
Snowmass Iviine, has senior irrigation water rights which would be affected by
the mining operation. At certain times during the year, Pioneer Ditch uses the
whole flow of Thompson Creek for irrigation. Because of the mine operation,
the amount of water the ditch can divert will be reduced. During dry years,
this reduction could have a critical impact on the farming served by the ditch.
We are not satisfied that Snowmass Coal will be able to protect the water rights
of Pioneer Ditch and other water users, as required under MLRB Rule 2.05.6(3)(a)
(ii) and Rule 207.6(2)(c) for coal mining. Snowmass Coal has very junior water
rights (Division 5 Water Court Case W-2979 and W-2980]. Snowmass Coal does
not have a plan of augmentation to replace water diverted out-of-priority. Even
if our office forces Snowmass Coal to stop using mine water during periods of