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III'lllll'll "II'l l • <br />• <br /> MCCLURE, EGGLESTON HL HU <br />Y <br />D <br /> A Partnership o(Proltssional Corporations <br /> Al[omtys at law <br />JAMES B. DFwN. P.C. AuMO Puu <br />PE'reN M, Ecel.esroN, P.C. 1401 17rr SrEEEr. SurtE 1450 <br />Eworr R. HUSNEY, P.C. DENVEN. Col.oruuo 80202 <br />JOHN C. McCwaE. P.C. 74~tpNONE 13031 294-0822 FACSIMILE 1303) 294-0824 <br />~ <br />ANN C. RICE <br />~ ; w, r~ <br />Jill, I/-' y <br />~ur~~ U <br />Mif>ed <br />I; <br />,~~y ~V,7 <br />and Board <br />ice' ~ April 23, 1992 <br />Land Reclamation Division <br />1313 Sherman <br />Denver, Colorado <br />Re: Battle Mountain Gold Company <br />Gentlemen: <br />920 Finsr AvEHt1E <br />Morris Visrn, Co~nnnoo 81144 <br />'fE~ENOUe 17191852-5809 <br />aPR,~4 lg .. <br />IJNOA D. PNiwvs <br />Rusr M. WHIRIEY <br />1.ecu,AssisrnNrs <br />~C~/~~~ <br />Mi g~ <br />Recla,~ too ~n~a ;.. <br />It is my understanding that on today's date the Mined Land <br />Reclamation Hoard ("MLRB") is conducting a hearing concerning a <br />problem with cyanide containment at the Battle Mountain Gold <br />Company ("Battle Mountain") mine site in Costilla County, Colorado, <br />Our firm represents Dos Hermanos which owns a tract of land <br />just west of, adjacent to and downgradient of the Battle Mountain <br />mine site. Likewise, Dos Hermanos owns the majority of t:he surface <br />water rights that diverts water from the Rito Seco stream which is <br />tributary to the Culebra River. The Rito Seco flows through the <br />Battle Mountain mine site proceeding westerly until it reaches the <br />Dos Hermanos properties. Surface water is diverted from the Rito <br />Seco stream onto Dos Hermanos properties as well as servicing a <br />number of other private ditch owners. In addition, Dos Hermanos <br />has wells and center pivot irrigation systems located on its <br />property immediately downstream and downbasin of the mime site. <br />Dos Hermanos participated in Battle Mountain's application for <br />water rights in Water Division 3, namely case no. W-89 CW 32 as an <br />objector. Trial was held in the case during Novemtoer, 1990. <br />During the course of the trial, Battle Mountain reached agreement <br />with Dos Hermanos both as to issues of water quantity and water <br />quality. Water quantity issues dealt in part with augmentation to <br />the Rito Seco above the Salazar Ditch headgate (which is the <br />headgate that leads directly into the Dos Hermanos properties). <br />Water quality issues were resolved through several means, including <br />the installation of two lysimeters below the tailing pond area. <br />For easy reference purposes, I am enclosing a copy of the original <br />Stipulation, marked Exhibit A. The purpose of the lysimeters was <br />to make sure that there was early detection of any leaks so as to <br />prevent a catastrophic situation from occurring. A procedure was <br />set up in the Stipulation providing for periodic testing and <br />reporting of the test results to Dos Hermanos. (See Paragraph 11). <br />