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Memo - Dan Ma thews - 2 - February 21, 1991 There are a number of proposed changes in the ground water monitoring program. Eight new alluvial wells (20A, 21A, 22A, 23A, USGSAI, USGSA3, USGSAB and USGSAI2) will be monitored for field parameters and full-suite water quality biannually. Many existing points will have monitoring frequency reduced from monthly field parameters, triannual full-suite, to 5 times per year field parameters, biannual full-suite. The program as proposed is generally acceptable, however, I have the following questions about the proposed changes: - Peabody proposes to increase water level monitoring at a number of wells, namely 110 V, 13W,sWC and 120V. Although I have no objection, I suspect the proposal was made in error. - "Seasonal" monitoring is proposed for wells 7A2 and 9A1. Is this the same as a quarterly schedule? - The nee sites USGSAI, A3, AS and A12 should be mapped on Exhibit 7-1. - Given my limited familiarity with the site and its history, it would be helpful if Peabody spelled out its justification for each of the proposed monitoring changes. Tab 16 is titled "Protection of the Hydrologic Balance" and includes information on compliance with water rights and alternative supplies. Two adjudicated water sources (Temple Pond No. 2 and Temple Well No. 1) will be destroyed by mining and will be replaced by Peabody's leaving Pond 006. An unadjudicated source known as the Frank Temple Stock Pond will be replaced by permanent Pond 005. Peabody has signed agreements with the water right owners to this effect. If the Division is unable to approve permanent retention of Ponds 005 and 006, Peabody will be unable to interrupt the water supplies of these structures without being in violation of the signed agreements, Colorado Law or both. The water rights transfers in the above paragraph cannot be completed legally until the following actions are approved by the Division of Water Resources: - Peabody or the water right owner must apply for a transfer of water right location from the existing structures to the proposed permanent ponds. - Peabody or the water right owner must also obtain the right to store an additional 13.4 acre-feet in Pond 005 (16.9 AF proposed for Pond 005 vs. 3.5 AF in the Frank Temple Stock Pond). Peabody also has an augmentation plan approved by the Water Division 6 Water Court to replace any other sources or to provide supplies when a call is placed on Dry Creek by senior water users. The augmentation plan also approved a previously denied well permit for the operation's water supply well in the Trout Creek Sandstone.