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_~., <br />--- <br />C~O~~~~~QO f~0o P C~M~PO[~G~~~l~~l~ ~oOMWdf~~~~ <br />Volume I, No. 2 <br />WATER COURT UPDATE <br />November, 1990 <br />Battle Mountain Resources, Inc. (aka BMG) has filed an application for approval of plan Tor <br />augmentation and change of water rights. The application describes seven wells in Costilla County that <br />were bought by BMG from the Columbian RanchJRocky Mountain Farms. BMG is requesting that all wells <br />be approved as alternative points of diversion from each other; and that all wells be approved for use in <br />industrial mining, commercial, augmentation, replacement, and exchange purposes in addition to <br />irrigation. BMG is also requesting that all wells be approved for year-round operation without seasonal <br />limitations. BMG further proposes to dry-up acreage to compensate for the use of water in Rs mining <br />operation. Applicant estimates that the mining project will use 860 acre-feet per year. BMG also alleges <br />that Its operation will not cause legal injury to any vested water right. <br />The Opposers (including the Costilla County Conservancy District, the Committee f or Erwironmental <br />Soundness, and others) object on several grounds to this application. Among these objections are: (1) <br />unless appropriate conditions are imposed, approval of the application will result in injury to the water <br />rights of senior users; (2) BMG has obstructed discovery efforts related to disputed and undisputed facts; <br />(3) BMG has failed to consider water quality issues as pertinent to the case; (4) the hist~xic consumptive <br />use estimates for the seven wells in question are incorrect; BMG engineering consultants used <br />inappropriate weather climate gage station data, incomplete crop histories, and failed to consider the <br />possible abandoned status of some of the wells; (5) the BMG augmentation plan fads to adequately <br />consider the potential impact of mine pit dewatedng on the Rito Seco watershed anc its senior water <br />rights; it is unknown whether year-round use will cause injury to vested or unconditionally decreed water <br />rights. <br />The water quality issue is of particular concern to many local senior water rights users. Construction <br />operations at the mine site have already produced visible degradation in the sensitive wetlands and <br />wildlife habitats of the Rito Seco. Beaver ponds downstream from construction are turgid, opaque, and <br />muddy while those upstream remain clear and pristine. <br />The CES invites all interested citizens to attend the upcoming water trial in Alamosa Water District Court <br />between November 26 and 30. For more information call Joe Gallegos at 719-672-388r or Maria Valdez <br />at 719-672-3678. <br />CALENDAR OF EVENTB <br />NOVEMBER. <br />,. <br />16-17 Water. Information ... .Network.:.: .::(.WIN) <br />.Confererice'in Albuquerque,..New.Mexico: <br />26-30 CES .vs: BMG water court trial in Alamosa. <br />26 CES. press.. conference. in Alamosa.. .,_..... <br />iii iiiiiiiiii~ii iii <br />999 <br />