Laserfiche WebLink
1 <br />1 <br />Mr. Larry Mautz Page 2 <br />July 5, 1994 <br />result of the mining activities in a manner consistent with <br />applicable State law. You stated in previous correspondence that <br />the spring in question is the Jumbo Mountain Spring and Pipeline. <br />According to the Water Rights Report from the Division of Water <br />Resources (DWR), Division 4, the Jumbo Spring and Pipeline is in <br />section 24, Township 13 South, Range 91 West. The area of damage <br />inspected by the Division was in the NW 1/4 of section 20. The <br />only spring with associated water rights, according to the DWR <br />documents is the Jumbo Spring No. 3 Pond, and is located in the NE <br />1/4NW1/4 of section 20. MCC has been monitoring this spring and <br />has named it CR-12. The location of this spring is about 1000 feet <br />downstream from the spring of concern. Conversations with DWR <br />indicated that the adjudication for the Jumbo Spring No. 3 Pond <br />does not include the spring in question, only the spring described <br />in the decree. DWR stated that water rights with a spring usually <br />means that the call is on the spring only. In review of the second <br />paragraph of the decree, DWR believes that a pond had been built on <br />top of the spring and the owner intended to get the water to a <br />cabin. He said the pipe probably comes from the pond which was <br />built on the spring. So it appears that the spring you have <br />identified as being dry due to effects from underground mining at <br />the West Elk Mine, is not a decreed spring. <br />MCC has begun monitoring the spring in question, known as G-26B and <br />they have completed a more inclusive list of any manmade structure <br />which occurs within their permit area. <br />Based upon a lack of conclusive evidence to substantiate the <br />existence of a violation, and based upon your letter of May 13, <br />1994, we are not pursuing this matter any further, at this time. <br />If any additional problems arise, we will reinitiate our <br />investigation. Please let me know if you have any questions or <br />concerns. <br />S j~nRyerely, <br />/.~~ c j~ <br />Christine E. ,a'oY(nston <br />cc: Kathy Welt, MCC <br />David Berry, DMG <br />on Specialist <br />CEJ/WP61\007CT.613 <br />