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STATE OF COLORADO <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />7313 Sherman St., Room 215 <br />Denver, CO 80203 <br />303 866-3567 <br />Fq%:303 832-8106 <br />OF ~~[O <br />R~~ - <br />~~;~;8 <br />Jo - . <br />.~. <br />rei6 ~ <br />Ray Romer. <br />Gavemor <br />DATE : J une 25 , 1990 Fred R. Banta. <br />Division Deeotor <br />T0: C.W. Begej <br />FROM: J.M. Clayton ~.Z~_ <br />RE: Marr Mine, C-80-006, Midterm Responses <br />Adequacy question No. 5 asks for an augmentation plan concerning how this <br />water can be supplied to impacted users. KCC's response is that significant <br />mining related impacts are unlikely. They also state CMLRD regulations do not <br />require specific details discussing the mechanics of augmentation. <br />As a result the cited Rules 2.G5.6(3)(a)(ii) and 4.05.15 were reviewed. <br />Rule 2.05.6(3)(a)(ii) states that "Each application shall contain a detailed <br />description with appropriate maps, which are prepared to the standards of <br />2.10, and cross section drawings, of the measures to be taken during and after <br />the proposed surface or underground mining activities, in accordance with Rule <br />4 to ensure the protection of: (ii) the rights of present users to surface and <br />ground water, which nay be adversely affected by the surface coal mining and <br />reclamation operations". <br />Rule 4.05.15 states that "Any person whc conducts surface or underground <br />mining activities shall replace the water supply of any owner of a vested <br />water right which is proximately injured as a result of the mining activities <br />in a manner consistent with applicable State law." <br />The above rules appear to clearly call for a practical plan with convenient <br />water supplies for augmenting impacted water rights. In the practical world, <br />delay to supply an impacted water right will cause damages. It appears that <br />the Division must make a decision of the practicality and the reasonable speed <br />with which impacted water rights can be mitigated, Therefore, thoughts and a <br />plan should be submitted for evaluation; not formulated after the onset of <br />troubles employing perhaps unusable sources, <br />Adequacy question No. 10 has been satisfactorily responded to. <br />8271E/scg <br />