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~1. <br />JIM TATUM <br />ATTORNEY AT LAW <br />Telephone (719] 846-0149 Facsimile (719) 848-0159 <br />January 9, 2004 ~`o <br />Mr. David Berry 5~~~ ` RECEi\1~® <br />Colorado Division of Minerals & Geology <br />1313 Sherman Street, Room 215 JAN 1 2 2004 <br />Denver, Colorado 80203 <br />Uivisian of Minerals and Ganlo^' <br />Mr. Berry; <br />I am in receipt of your December 31, 2003 letter concerning TR-55. <br />Please be advised that our citizens' complaint encompasses the loss of water at <br />our bunkhouse on the south side of Highway 12, as well as the damage/loss of water <br />bearing zone directly adjacent to the long wall and airshaft on the north side of Highway <br />12. Bath wells are in the same strata. <br />The June 1995 "Investigation into Possible Adverse Impacts of Mining <br />Operations on the Tatum Windmill Well" correctly identifies the well as pre 1972; <br />therefore, no permit was required at that time. There is no logical reason for us to make <br />application. for .late registration.for-this` agricultural"exempt well_until_such time as the <br />.well is again viable. ~ - '" ' ~ _ <br />_ , <br />60 Federal Regulation 16722 16723-24 states that the interpretation of section <br />720(a) of SMCRA properly extends the statutory requirement for water supply <br />replacement to private homeowners who engage in domestic uses (of water) such as non- <br />commercial farming, gardening, and other horticultural activities as distinguished from <br />commercial and other non-domestic water supply users. The IBLA notes in their January <br />5, 2000 decision that failure to require replacement of the water supply needed for such <br />domestic agricultural, and horticultural uses would fail to make the residential user <br />whole. _ _ <br />In the IBLA decision the board refers to a letter written by me date April 5, 1945 <br />to Senator Phil Gramm in which I represent that "our home and ranch in Colorado is a <br />multi-million (dollar) operation..." The board incorrectly surmises that hence a multi- <br />million dollar operation is clearly commercial; therefore, the well would not qualify as a <br />residential water supply. This is an absurd proposition, that any farmer who sells a calf <br />or a bale of hay is commercial thus no farm/ranch could be anything but commercial. <br />What the board failed to determine was that in 1995 we owned in partnership <br />11-,3,50, acres-not adjoining to the property in question and as the majority owners we <br />were;amultrmillion dollar ranching operation. The Solitairo'Rarich was not-involved ,in . <br />129 North Commercial Street Trinidad, Colorado 81082 <br />