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III IIIIIIIIIIIIIII! <br />899 <br />_ STATE OF COLORADO <br />OFFICE OF THE STATE ENGINEER RE <br />Division of Water Resources <br />Department pl Nawral Resources <br />1313 Sherman Street, Room 818 <br />Denver, Colorado 80203 <br />Phone (303) 866-3581 <br />FAX (3031866-3589 <br />NPR' 13 19~& <br /> <br />November 13, 1996 <br />FAX Transmitted to (970) 242-7908 <br />Mr. Jim Stover, Consulting Engineer <br />2768 Compass Drive, Suite 101 <br />Grand Junction, Colorado 81506 <br />RE: Bowie No. 2 Mine <br />New Permit Application <br />Permit No. C-96-083 <br />Dear Mr. Stover: <br />pF' COQ <br />F~ <br />_~ <br />Roy Romer <br />Gorernor <br />)amrs 5. Lathhead <br />Ezetutive DIrMIOr <br />Hal D. Simpson <br />Stale Engineer <br />In response to your faxed request for response to whether DWR has any authority over <br />wells subject to the jurisdiction of the Mined Land Reclamation Board, I refer to the <br />"Regulations of the Colorado Mined Lane Reclamation Board for Coal Mining" rule 4.05.1311) <br />Ground Water, part a) which states that: <br />"Groundwater levels, infiltration rates, subsurface flow and storage <br />characteristics, and the quality of ground water shall be monitored in a <br />manner approved by the Division after consultation with the Division of <br />Water Resources ...." lemphasis added). <br />The Division of Water Resources in correspondence with you and DMG has provided <br />information regarding monitoring and observation wells permitted and regulated by DWR. <br />I believe that DMG's authority supersedes DWR's by virtue of this rule as well as 3.2 of <br />DWR's Water Well Construction Rules if DMG chooses to impose its own rules in lieu of those <br />of DWR regarding monitoring and observation wells. It's apparent that DMG's rule 4.05.13(1) <br />contemplated considering DWR's requirements relating to monitoring and observation wells. <br />The Division of Water Resources in the specific instance of monitoring and observation <br />wells covered under DMG's rule 4.05.1311) defers authority to DMG, but will continue to <br />provide information and specifics that would be required by DWR if it were permitting and <br />regulating a monitoring and observation well at the referenced site(s). <br />krr; ltyw, dr.. y, b~~77(; <br />CRG:jmg:7417 <br />Sincerely, <br />iChuck Roberts <br />Professional Engineer 111 <br />