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III IIIIIIIIIIIII III <br />999 <br />STATE OF COLORADO <br />OFFICE OF THE STATE ENGINEER nC V ~'' ° `/ oa~coto <br />Division of Water Resources ~~~ <br />Department Of Na[ural Resources N~1r ~ 31996 <br />1313 Sherman Strer.[, Room 818 ~~~. <br />Denver, Colorado 80203 raze <br />Phone (303) 866 3581 _a & f~eology <br />FA%(3031866-3589 91yiu~,.,..~ •~ - <br />Roy Romer <br />Couerriar <br />November 13, 1996 larnessl«nneaa <br />Eaecvtive DIrfC1Or <br />Hal O. Simpson <br />FAX Transmitted to (970) 242-7908 State Ersgineer <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 />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 4.05.13(1) <br />Ground Water, part al 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 ...." (emphasis 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 4.05.13(1) 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 />X['; Alw, lJn, y ~~irycy <br />CRG:jmg:7417 <br />Sincerely, <br />'~~~"~ <br />~~u'l ~; <br />Chuck Roberts <br />Professional Engineer III <br />