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<br />Colorado Mined Land <br />January 18, 1978 <br />Page 3 <br />Reclamation Board <br /> <br />the mine to beneficial use. By way of response, we would <br />like to emphasize that, in Colorado, water rights are secured <br />by taking water and applying it to a beneficial use, entirely <br />in the absence of governmental intervention.2 Accordingly, <br />under Cotter's mining operation, it acquired a vested right <br />to use the water encountered in its mining operations at the <br />time that the water was first used. Moreover, the waiver <br />actually used requires only de-minimis quantities. Ae. a <br />result, Cotter is now, and will continue to be, in compliance <br />with all applicable Colorado water laws governing the diversion, <br />use, quality and return of water, as well as those deeding <br />with injury to the vested water rights of others. <br />We trust that the above data provide answer:. to <br />Dr. Danielson's questions, and that the Board will ise;ue its <br />permit in due course. <br />Yours very truly, <br />~ ~ - <br />v/~ Kenneth J. `S~ <br />KJB:bw <br />Enclosure <br />cc: Dr. Jeris A. Danielson w/enc. <br />2Archuleta v. Boulder, 118 Colo. 43, 192 P.2d 891 (1998). <br />