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r' <br />• <br />Mr. David C. Shelton <br />March 18, 1985 <br />Page two <br /> <br />1) Based on evaporation from a sediment pond (3 acre-feet per year) <br />and inundation of the underground workings, it is calculated that <br />GMCC will deplete 93 acre-feet per year from the "total flow" of <br />the Upper Colorado River. <br />2) Small depletions of the flow harm the Colorado Squawfish. In order <br />to mitigate this harm the FWS has developed conservation measures <br />which are currently estimated to cost 25 million dollars. This <br />amount of money has been allocated to the total water remaining <br />"available for development" in the Upper Colorado River. <br />3) Using Bureau of Reclamation estimates 1.675 million acre-feet per <br />year (maf) are "available for development" in the Upper Colorado River. <br />4) Since GMCC is going to deplete the flow "available for development" <br />in the Upper Colorado River, GMCC must contribute to the Fund. <br />While, GMCC will agree that the "total flow" in the Upper Colorado River will be <br />reduced because of its operation, GMCC does not agree that the operation will <br />deplete the flow "available for development" in the Upper Colorado River. The <br />water rights GMCC controls are not part of the 1.675 maf and therefore GMCC's <br />consumptive use of existing water rights does not deplete the flow "available <br />for development" in the Upper Colorado River. <br />GMCC submitts that since Special Condition No. 1 of Federal Permit CO-0071 is <br />not applicable to GMCC, the Special Condition should be formally retracted and <br />by copy of this letter to Mr. Buterbaugh, GMCC is requesting that the check for <br />the mandatory contribution be returned uncashed. <br />Sincerely, <br />~' t <br />L. F rck, P.E. <br />si t General Manager <br />DLF:JES:tgn <br />cc: Galen Butergaugh - U.S. FWS <br />Allen D. Klein - O.S.M. <br />Jim Stover - Powderhorn Coal Company <br />