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STATE OF COLORADO OFFICE OF THE STATE ENGINEER ~ Division of Water Resources ~~. Department of Natural Resources 7H ' ~~r' r ~. 1313 Sherman Street, Room R78 ~y~1r• Denver, Colorado 80203 rar6 ` Phone 13031 866-3581 Res onse to Reclamation Permit A llcation Consideration FN( (3031 R6b3589 p pp pill Owens www.watecstate.co.us Gwemor Russell George DATF,: March 3, 2006 Eveanve 1Trector Hal D. Sim~nn, P.E. TO: ,Michael P. Boulay, Environmental Protection Specialist Sure Engineer CC: Division 4 Office; District 57 Water Commissioner FROM: Craig M. Lis, P.E~~ RE: Operator: Seneca Coal Company, Seneca II Mine, Ponds 004 and 008 Technical Revision 27 Pond 004 - SE'/<SW%. Section l2, Twp 5 N, Rng 87 W, 6th P.M.. Rotltt County Pond OOS - Routt County Review of the technical revision indicates that rather than remove Ponds 004 and 008, [he operator is requesting to modify the reclamation plan to allow Ponds 004 and OOR fo become permanent structures. The operator also states that a water right for Pond 004 was decreed in Case No. 82CW62. Pond 004 is tributary to Cow Camp Creek, which is tributary to Fish Creek, which is tributary to the Yampa River. Pond 008 is tributary to Fish Creek, which is tributary to the Yampa River. Please advise the operator that as an undecreed stmcttrre, the priority for Pond 008 is considered to be the most junior tit the system, and that even the ] 982 decree for Pond 004 is very jtmior when compared to existing water rights. Therefore [he potential exisu that the ponds will be out-of-priority a[ some time, and that absent a decreed plan for augmentation the owner will be required to either bypass or release out-of priority inflows, including lowering the pond elevation to account for out-of priority inflows that replace evaporative losses. As such, it is advisable to constmct low-level outleu capable oC releasing all storage from the stmctures. Absent such outleu, the Division Engineer has the authority to order the instillation of such structures or breech of the stmcture to assure that senior appropriators receive the water to which they are entitled bylaw.