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<br />IBdA 96-90, 96-91
<br />Prinn~ 1 HbriAi~n, IdS Ai1311k35 COlIIlty, L'Ol0 ct•1C~0. '~1E Sk13fC Flds interNe,i
<br />to provide e~draust acrd ventilation for its undergrauri mine workings )mown
<br />as the "First Left i,ongwal.l Panel." These workings inwlved minixrg by the
<br />longwall method, which zesulted in the zenrroal of a series of 600-foot-wide
<br />panels r,,,.,;.r3 alcarg the strike of the coal (N. 25" W.) , adjao3rt to devel-
<br />oprent mains.. The southern edge of the panels and the adjacent develapnecrt
<br />mains were 530 acrd 370 feet fratt the T'atums' water well (Well No. 10),
<br />which is 300 feet south of their sarthear pzopezty line.
<br />BRI's revised permit provided that "every reasonable attempt" world
<br />be Wade to eliminate or recarce the flow of gnrtmd water into the airsiraft.
<br />Thus, when it drilled Che shaft upwards fmn a total depth of 640 feet in
<br />January 1991, BRI sealed any fractures in the surramding mcjc, prior to
<br />A.-,11'" by lnjectrng grwt throug>r three drillholes acid cased the opetr
<br />borehole;-following, chilling, with steel,--Despite mZLrs efforts, however,
<br />water, flowing at the~zate of frtm 34 to ~-1/2~:gallcros per miJAlte, was
<br />enoamteterd at various elevations in the shaft, all of which were below
<br />the bottom of the Tetums' well.
<br />North of State Highway 12, BRI's airshaft is 355 feet mrtln~est of
<br />the T~tuts' water well. That well, which had historically used a wurYnill
<br />to bring water to the surface for livestock watering grrposes, was car-
<br />structed by the Thtiarr3' predecessor-in-interest saretime before 1972. The
<br />well was detezmine3 car Marr.tr 1, 1995, during a joint inspectacar by DNG aryl
<br />OSM, in the cnrQarry of Taturr~s and PRS perscsmel, to be 145.1 feet deep.
<br />(Field Notes, dated D9ar+Ch 1, 1995, at 1; S£Q Letter to II'T frorrr the T~tums,
<br />dated Jir].y 12, 1994 ("apprr~dnately 146 feet") .) Thus, the well was can-
<br />pleted in a geologic zone about 450 feet above the coal sears mined by ffitI
<br />in the Raton Formation. Six-inch diameter casing was also fouirl to be vis-
<br />ible for a distance of at least 30 or 40 feet dawn in the well. At the
<br />time ffitI's permit was issued in 1984, the well, which was not permitte3 by
<br />the Oolorado Office of the State HxJirreer, Division of Water Resalroes, v~8
<br />listed in EQtI's well survey as "not functioning." However, no recard was
<br />made of the level or quantity of water in the well. Nevertheless, HRI was
<br />required, in its permit, to tatae appropriate mitigative measures, if its
<br />minin3 activities seriously affected the potential usage of any water well
<br />within 1 mile of its operations.
<br />The evidence establishes that the Tatums never'used the water well;
<br />lather it received only hi.staric use. (Letter to ITS frrm the Tstume,
<br />dated Ppbruary 9, 1993; "irrvestigatian into Possible Adverse ImQacte of
<br />Mining Operations on the'Thtum Windmill Well," dated June 6, 1995, {June
<br />1995 L1~ Report) at 2.) Than~rsatt stated, in his December 10, 1993, depo-
<br />sition, that he found the well inoperable on the various occasions that he
<br />observed it after Fehnrary 1990, because "the'mechani~n that powers the
<br />witrlid.ll has been discorurected." (Deposition at 20, )
<br />The Tatums have not asserted that they operated the well at any time
<br />during their ownership .of their laud or that it was ever in a condition to
<br />be operated. TYrey claim only that they "had:the ~+*+~TM+rt loolved at in 1990
<br />151 ~!A 289.
<br />r'1r~ tn7k.C ? ~' 1
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