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GENERAL37420
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Last modified
8/24/2016 7:57:33 PM
Creation date
11/23/2007 9:09:49 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981013
IBM Index Class Name
General Documents
Doc Date
1/13/2000
Doc Name
Appeals from Decisions by OSM (Goes w/ltr from 1/12/04)
From
OSM
To
Tatums
Permit Index Doc Type
Citizen Complaints
Media Type
D
Archive
No
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IBIR 96-90, 96-91 <br />section 720 (a) of SM3tA, because the watP~"T ' of livestock is a ~rercial <br />agriwltural use of avatar. <br />Zbese is no evidence in the record that appellants used Che well in <br />questice~ for arry purpose after a~,;rin; their property in 1988. Haaever, <br />they stated in their August 1995 request for infonzal. review, that the <br />pasture had been used to hold cattle aryl horses and "(i]f we had water <br />at that location we could again use this location to hold our cattle and <br />bosses * + + " 5/ (letter to OSNI, dated Aug. 12, 1995, at 2.) Appel- <br />lants' claim in their S~2 at page 5 that "[a]11 arr acreage is far dares- <br />tic use," is belied by their statem3-t in a copy of a letter in the recozd <br />from appellants to Senatar Phil Gramm, dated April 5, 1995, in which they <br />repxespnt that "[o]ur home and ranch in Ooloraclo is a multi-million (dol- <br />lar] operation • + + " A milli-million dollar operation that includes <br />the pasturing; grazixr3,.and watering of livestock-is clearly-a•mmercial <br />oppsatiai. . <br />Zherefore, we mist oarclude that the well in question did not consti- <br />tute a "ch:'inkisg, domestic, ar residential water supply," within the mean- <br />ing of section 720 (a) of S:KRA, 30 U.S.C. § 1309a(a) (1994), for which BRI <br />was liable to provide a replaoem°<st. 5/ <br />Li]~wise, the facts fail to shag a violation of State law as alleged <br />in the TII'T. OSN) asserts that appellants are ot-ly entitled to relief if <br />F42I's Lusdergran'id coal mining operations interfered with a "vested water <br />right," because, under 2 Colo. Code Begs. § 4.05.]5 (1991), replaoet[ent is <br />only xegn~ired fora "vested water right." (Answer at 14_) DPI notes that <br />IIyC had already deterrtrined, as set forth in its J1me 6, 1995, letter, that <br />appellants had no such right in the water fmn their well and that, since <br />it was reaacnable on its face, DID car.entitled to defer to that intezpre- <br />Cat1C41. (AnbZVer at 14-15, r,~ R[t~l"»~ & M~; , 1 M;n;m Qj._y_ <br />~M, 132 IBLA at 89-90, 102 I.D. at 16-17.) OS44 asserts that, absent a <br />vested water right, Ll~,prr~perly decided that HRI had not vioiated the <br />State rpgulatics-. <br />5 D~ stated that the well was located within a "fenced-in pasture of <br />abort 11 acres in size," but that the ccedition of the pasture, including <br />"(s)ome" knocJaed-dawn fencing and 'h~any" fence pasts rotten at the base, <br />indicated that it had not been "recently use3 for grazing." (June 1995 <br />L1+G Report at 2 . ) <br />Ft/ Given cur conclusion, we need not decide whether ~2I's acticros resulted <br />in a "dismraition" of appellants' water supply fran the well. Although <br />DPG's Jiu~e 6, 1995, letter to OSM states that "it is likely that the water <br />level in the well was influenced by the adjacent tuxL?~-~+~ wvririrgs and <br />exhaust shaft," the attached report states that "[t]here has been no damn- <br />stration to the DivisicAl that there has been damage (a lces of beneficial <br />use.)" (June 1995 IING Report at 9.) It contirnred: "[A] possible draradown <br />cause3 by mining does: not necessarily mean. that the water right has been <br />-151jffiA,301;. <br />
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