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. - <br />ROY ROMER' <br />Gwemor <br />of cow <br />Fr~'~ <br />N <br />*~ w <br />} X876 s <br />-~ g / <br />JERIS A. DANIEt$ON <br />State Engmsm <br />OFFICE OF THE STATE ENGINEER <br />DIVISION OF WATER RESOURCES <br />MEMORANDUM <br />T0: <br />FROM: <br />SUBJECT: <br />David Berry, Mined Land Reclamation Divisi,o~ <br />Hal Simpson, Deputy State Engineer l.~Ay ~• ~~~~ <br />Technical Revision to Eckman Park No. 1 & 2 Mine, <br />Colorado Yampa Coal Company, C-79-177 TR-16 <br />~•:: <br />As requested, we have reviewed the above referenced revision to a mining <br />permit to allow a temporary impoundment (Sedimentation Pond A) to become a <br />permanent structure after final reclamation. The information submitted also <br />indicates that Colorado Yampa Coal plans to tranfer water decreed in Case <br />W-1186-17 to this structure. Sedimentation Pond A was permitted under article <br />33 of Title 34, C.R.S. (1973). Pursuant to Section 31-87-114.5 (1)(d), it is, <br />therefore, exempted from Sections 37-87-105 to 37-87-114. When the mining <br />permit expires after final reclamation, however, this structure would then <br />come under the jurisdiction of the State Engineer's Office. In order to <br />insure a smooth transition, we recommend that Colorado Yampa notify our office <br />one year prior to the expiration of their mining permit. It then can be <br />determined whether the dam is in compliance with our standards by the time it <br />enters our jurisdiction. <br />The State Engineer's Office considers Sedimentation Pond A to have no water <br />rights to storage until decreed in Water Court in Division 6. If Colorado <br />Yampa plans to store in Sedimentation Pond A water decreed in W-1186-77 to <br />other structures, a change of water right must first be approved in the Water <br />Court. Storage of water in Sedimentation Pond A will be limited to periods <br />when there is no senior water users calling for the water as directed by our <br />Division Engineer in Steamboat Springs. <br />HDS/JCM:4216I <br />1313 Sherman Street-Room 818 <br />Denver, Colorado 80203 <br />(303) 868-3581 <br />April 5, 1988 <br />i. <br />i', i9~8 <br />cc: Steve Witte, Div. Eng. <br />Alan Pearson <br />