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`_., ., . . i __• ~: Q Grand Mesa III IIIIIIIIIIIIIIII Coal Company 999 June 4, 1985 Allen D. Klein Administrator Western Technical Center Office of Surface Mininq_ 1020 15th Street Denver, Colorado 80202 Re: Federal Permit CO-0071 Special Condition No. 1 Dear Mr. Klein: First ano Columbia P. O. Box 226 Delta, Colo. 81416 Office: (303) 874-7561 Mine: f303) 856-6402 Grand Mesa Coal Company, (GMCC) is in receipt of OSM's letter dated May 16, 1985 and the memorandum to OSM from the FWS dated April 26, 1985 regarding the subject permit special condition and resultant mandatory contribution to the endangered fishes conservation fund. GMCC still does not agree with the FWS on this matter. GMCC controls water rights that have been in use and existence since 1907. These water rights have reduced the total flow in the upper Colorado River for over 75 years. Why should GMCC now have to pay $1, 390 for utilizing water rights and causing flow depletions that have actually been occurring continually for almost four decades? Is the FWS going to demand a contribution from the local ranchers and farmers that have water rights and consumptive uses similar to GMCC? The a^=_::er to both questions is probably the same. The F1:'S is not gcing to coerce local ranchers and farmers to make mandatory contributions, and therefore GMCC should not have to make such a contribution. Mr. Buterbaugh's memorandum to OSM dated April 26, 1985 states in part: "Any water depletions, old or new, small or large, cause and add to the problem. Therefore, all projects that deplete water need to help offset these impacts resulting from the depletions." This statement indicates that every water user in the Upper Colorado River Basin should help offset the impacts. How many of them have? It is clear that only through the federal permitting process can the FWS force companies to make contributions.