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• ~o • RICHARD D. LAMM < ~L Q Governor ~~ C ~~ w rare DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street ~ Room 818 Denver. Colorado 80203 Administration (303) 892-3581 Ground Water 13031892-3587 September 13, 1977 iii iiiiiiiiiiiiiiii 999 C.J. KUIPER State Engineer . t i~ ~.._.~ ~ SFP 1 9 1977 MEMORANDUM ~ ; ~ /_ T0: HARRIS D. SHERMAN, SECRETARY, MINED LAND RECLAMATION BOARD FROM: DR. JERIS A. DANIELSON, DEPUTY STATE ENGINEER SUBJECT: SUNFLOWER ENERGY CORPORATION, DELTA COUNTY, APPLICATION FOR LIMITED- IMPACT MINING AND RECLAMATION PERMIT As requested by your office, we have reviewed the application for a limited- impact underground coal mine near Somerset. The applicant has received conditional decrees (W-3050 and W-3051) from the Division 4 Water Court for a well, a ditch, and a reservoir. The proposed 15 9pm well and 14.6 acre-feet reservoir should be sufficient to meet the 5,000 gallon per day water require- ment specified in Exhibit B, part C, of the application. Before the applicant L may use this water he must file an augmentation plan in accordance with Section 37-92-304, CRS 1973 as required in the two court decrees. In Exhibit B, part D, the applicant states that if any water is produced in ~ the mine "a portion will be used for dust control purposes in the mine and the excess pumped into an exterior settling pond." Before the applicant can put any mine water to beneficial use, water rights must be filed in the Water Court. If this water is tributary to Hubbard Creek or to the Gunnison River, the applicant might be required to amend his augmentation plan to include the mine water. We cannot recommend approval of this application until the applicant provides evidence that he has filed an augmentation plan with the Water Court. ~ ~~ s A. Danielson JAD/SSH/pjl cc: Ralph Kellin9, Div. En 9.