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;. <br />Chuck Roberts -2- August 20, 1996 <br />BRL understands the DWRs comment regarding the desirability of <br />silty water for irrigation ditches in some cases. However, <br />BRL does not believe the concern is applicable to this <br />situation and requests the DWR's confirmation of same. <br />4. It is BRL's understanding that this item was primarily <br />concerned with the issue of where BRL was going to obtain its <br />water for the mine operation and if the use of the water would <br />have a depletive effect beyond historic use. <br />BRL has the following described water right for the mine <br />operation: <br />1. Industrial Water Right <br />The right to the use of 0„<5 cfs decreed to the Deer Trail <br />Ditch for power and mining purposes with date of appropriation <br />of February 15, 1907 as evidenced by decree entered in an <br />adjudication of the waters of Hubbard Creek on March 20, 1954, <br />which has been assigned administrative number 31924.20864 by <br />the Division Engineer of Water Division No. 4. <br />Other than the use of this water right which has been <br />historically used for coal mining, no other water quantity <br />impacts have been quantified. If at some future date water <br />quantity impacts are identified, then an augmentation plan <br />would be prepared and submitted to the Water Court or State <br />Engineer for approval. <br />Please call if you have any questions. <br />Sincerely, <br />Jim St/over, P.E. <br />Consulting Engineer <br />Enclosure <br />cc: Wm. A. Bear, Jr. w/o Encl. <br />David Berry, DMG w/o Encl. <br />