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STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 RCSpOnBe t0 RCClamatlOn Permlt App11C8t10n COn5lderatlon FAX (303) 866-3589 www.waterstate.co.us DATE: July 12, 2006 TO: Michael P. Boulay, Environmental Protection Specialist CC: Division 6 Office; Andrea Schaffner, District 57 Water Commissioner FROM: Craig M. Lis, P.E. ~~Z OF'c~14 He + . t r ~O~ ~ r876 ~` Bill Owens Governor Russell George Executive DireROr Hal D. Simpson, 7.E. State Engineer FiECE~~'E® JUL a 2 ZuQ$ RE: Operator: Seneca Coal Company, Seneca II Mine, Technical Revision 37 Routt County Division ~f Minerals and Geology Pond 002 (aka Wadge Pit Reservoir) - 1810 feet from the NE Comer of Section 34, Twp 6 N, Rng 87 W, 6th P.M., along a bearing of S 37°15' W Pond 003 (aka Grassy Creek Impoundment - 3640 feet from the SE Comer of Section 27, Twp 6 N, Rng 87 W, 6th P.M., along a bearing of N 77° W Pond 004 - SE'/<SW'/< Section 12, Twp 5 N, Rng 87 W, 6th P.M. Pond 008 - SW%<NW% Section 7, Twp 5 N, Rng 86 W, 6th P.M. PECOCO Pond - 1930 feet from the NW Comer of Section 2, Twp 5 N, Rng 87 W, 6th P.M., along a bearing of S 06°40' E Review of the technical revision indicates that rather than remove the above mentioned ponds, the operator is requesting to modify the reclamation plan to allow the ponds to become permanent stmctures. Information submitted by the operator indicates 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. The information also indicates that water rights for Ponds 002 and 003 were decreed in Case Nos. W-1 I51-77 and W-] 147-77, respectively. Pond 002 and PECOCO Pond are located on Little Grassy Creek and Pond 003 is located on Grassy Creek. Little Grassy Creek is tributary to Grassy Creek, which is tributary to the Yampa River. Note that Ponds 002 and 003, and PECOCO Pond are excavated ponds. The operator has committed to providing a flexible siphon pipe at these stmctures to allow for the release of out-of- priority inflows. The Division Office and Water Commissioner have indicated that since administration of this stream system is currently infrequent, the siphon is an acceptable remedy at this time for Ponds 004 and 008. However, note that our prior comments of March 3, 2006 still apply, and that changes in the call scenario may result in an order from the Division Engineer requiring the installation of bypass stmetures capable of diverting all inflows azound the ponds and back to the stream, the installation of low-level outlets capable of releasing all storage from the stmctures or breech of the stmctutes to assure that senior appropriators receive the water to which they are enfitled bylaw. Review of the submitted materials indicates that the operator is aware of this possibility and will fully inform the landowner of the State Engineer's authority in this regazd. In regards to Ponds 002 and 003 and the PECOCO Pond, the fact that these are excavated stmctwes precludes the use of a flexible siphon pipe to withdraw water from the ponds. As such, the siphon pipe proposal is not acceptable for these stmcmres.