GENERAL37326 - Laserfiche WebLink

Home Browse Search

Ir~ ~`~ f- z:,_ - JOHN A. LOVE ~ ~ \ Governor ~ ~ :. ~~ ~~, ~~ (r~4 ~~ f ~ ~~~ ~~~~~~~~~~~~~ ~~~ _ c, 999 a~N'.O.,r~/ DIVISION OF WATER RESOURCES flALPH V. KEELING, JR. P.E. IRRIGATION DIVISION ENGINEER P. 0.80% 456 MONTpOSE. COLORAD087401 OFFICE: 2495872 HOME' 249-3823 Judy 22, 1971 'ti "j Mr. C. J, Kuiper, State Engineer MEMORANDUM REPORT: ivision of Water Resources 845 Sherman Street ~ ~ COAL SLACK PROBLEM, ~~enver, Colorado 60203 WARD CK „ W,D. 40 ~~bear Mr. Ktriper: , I was firdt advised of this situation by phone call from District Watei Commissioner R. E, Robinson on April 21, 1971, upon complaint by Mr, Jerry Carson of Cedaredge, Colorado. C.J. KUIPER Suu Enplnesr On May 11, 1971, a meeting in the area was attended by the following people: Mr. and Mrs. Jerry Carson, Mr. Jerry Goldsmith ( representing an r environmental group ), Mr, Belden (owner of the Red Canyon mine ), a State of Colorado coal mine inspector from Paonia, two men from the coal section o£ the U, S. Bureau of Mines, and Mr. R. E. Robinson and myself. Upon completion of our inspection and meeting Mr. Belden was advised to contact his attorney relative to securing an injunction against his up- stream neighbor, Mr, Duane Dfoore, to cease releases of his tail and waste water into the coal mine slack area. e Sunrise ditch, Pri. 46 from Ward Creek, is a junior water right which iverts variable irrigation flows ( including Granby ditch water) to ;Lands of Mr, Moore, among others, above the Red Canyon mine. Tail and ~aste water is released by Mr. Moore down a draw into the coal mine area. ~.~~ Moore refuses to let Mr. Delden build an adjacent ditch on Moore land to effectively control and by-pass said waste water around the slack area. Under these conditions it would appear to be in Mr, Carsons best interests- that he assist Mr. Belden in resolving this water control situation, Mr. Carson owns the senior downstream water right, the Carbon ditch; Pri. 16 from Ward Creek, However such mutual cooperation is not the case. If this could be resolved Mr. Carson would still get his water- but without coal .~ slack. Therefore there is a question in my mind whether or not the coal, slack problem is of very serious concern to Mr, Carson. ' ~- W Apparently Mr. Belden has not pursued the problem through legal rnunsel, and Mr, Carson has not been injured by excessive quantities,(}ns~h~e recent past, At this time there is about 0,27 cfs of Granby ditch water in the Sunrise ditch (the Sunrise priority is not valid at this time ).