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~ STATE OF <br />COLORADO <br />OFFICE OF THE STATE ENGINEER <br />Drvisnln n( waver Resources <br />Department of natural Resources <br />1 } 1 }Sherman Street. Room 818 <br />tJrnvcr. Colorado W.01 <br />Phunr U9J1 855~li81 <br />F-~% i}011 95fi~ 15719 <br />Joseph J. Dudash <br />EnvironmentalProteaionSpecialist ~=(;,E11/tL: <br />Division of Minerals and Geology <br />1313 Sherman St., Room 215 DEC 2 2 1998 <br />Denver, Colorado 80203 <br />.,,.._:~ ul rnir>zrals 8 C:obgy <br />Re: Bowie No. 2 Ivline (Permit No. C-96-083) <br />Technical Revision Application No.6 <br />Dear Mr. Dudash: <br />A/ ~4- <br />Nq a~C,~o.. <br />i <br />~~~./•~ <br />. pF~rn~ <br />~~ rgv6 ~ <br />Rov Rnmrr <br />Covrrnar <br />lam.-, 5. Lnrhhrad <br />Emcmrvc Dim:'or <br />Ndl D. Simpson <br />$UCe Enq~nerr <br />Your letter of December 16, 1998 describing the proposed revisions of coal <br />mining operations for the above referenced project indicates there will be an increase of <br />the holding capacity of the relocated pond B. Appazently the pond is proposed to be <br />increased from the current 2.49 Ac. Ft, capacity to 4.10 Ac. Ft. This increased capacity is <br />of concern to the Division of Water Resources (DWR) only if additional storage would <br />result in evaporation losses resulting in depletions not already covered in the water use <br />plan. For your information the stream reaches involved in the vicinity of the site on the <br />North Fork of the Gunnison River aze "critical" reaches. Critical reaches are those <br />reaches on which there are more water righu than available water to satisfy said righs. <br />Additional water consumption in critical reaches by junior water rights or water rights not <br />operating under a plan of augmentation when out of priority can cause injury to vested <br />senior water rights. <br />If the proposed inaease in storage for pond B and its associated potential losses <br />(if there are any) are covered under the existing water supply plan for the operation with <br />no depletive affect to the identified critical stream reach ,then this office has no concerns <br />nor objections to the proposed change. <br />If you want clarification or more information please contact me. Cnherwise it will <br />be assumed that your analyses indicate there aze no additional depletive effects resulting <br />in injury to vested senior water rights. <br />Sincerely, <br />,~~ <br />Chuck Roberts <br />Prof. Engr. III <br />