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RICHARD D. LAMM <br />• '~` v® t~~+ • III I III IIIIII IIII III <br />Governor me ~ 999 <br />,` x <br />,Bts <br />DIVISION OF WATER RESOURCES <br />Department of Natural Resources <br />1313 Sherman Street ~ Room 818 <br />Denver, Colorado 80203 <br />Administration (303) 892-3581 <br />Ground Water 13031892-3587 <br />January 24, 1978 <br />MEMORANDUM / / ~ <br />T0: HARRIS D. SHERMAN, SECRETARY, MINED LAND~RECL MIITIO~/, OA ,~G~ <br />FROM: DR. JERIS A. DANIELSON, DEPUTY STATE ENGINk~E " - ~~/(((///"` <br />SUBJECT: COTTER CORPORATION - SCHWARTZWALDER MI~dE, JEFFER~ON COUNTY, <br />APPLICATION FOR MINING AND RECLAMATIO PERMIT -~ <br />As requested by your office, we have reviewed the additional information provided <br />in a letter dated January 18, 1978, from Kenneth J. Burke of Holme, Rot~erts & <br />Owen, attorneys. Mr. Burke earlier provided our office with a Statemer~t of <br />Beneficial Use for the exempt well at the Schwartzwalder Mine. Our reouirements <br />concerning this well have now been met. <br />Mr. Burke stated that because the consumptive use of ore-washing water "represents <br />only about 0.006 percent of the average annual flow of Ralston Creek it is <br />evident that there is no discernible impact of Cotter's ore washing operation <br />upon the vested rights of others." Ide question the figure of 1/3 acre-foot per <br />year of consumptive use due to such statements in the original application as <br />"the mine dewatering program diverts an average of 700,000 gallons of water per <br />day" (page D-5) and "the solids, containing approximately 30% moisture, are <br />removed and mixed with the surface stockpile ." (page D-11). No additional <br />engineering data is submitted to substantiate the claim by Mr. Burke. Because <br />the South Platte Basin, which includes Ralston Creek, is extremely over-appropriated, <br />we also question the lack of injury to vested water rights indicated in Mr. Burke's <br />letter. <br />Mr. Burke also stated that Cotter "acquired a vested right to use the water <br />encountered in its mining operations at the time that the water was first used." <br />We agree that a water right was established with the date of appropriation being <br />the date when water was first used, but, b.y its failure to adjudicate this <br />appropriation, Cotter is junior to all presently decreed water rights. This <br />makes Cotter subject to calls by all senior rights, including those with 1977 <br />adjudication dates, and limits the dependability of its water supply. <br />In order to prevent administration by our Division Engineer, the applicant must <br />obtain a decree from the Division Water Court stating that the ore production is <br />non-consumptive and the water right is free from administration. <br />JAD/SSH/pjl <br />cc: W. G. Wilkinson, Div. Eng. <br />City of Arvada <br />Consolidated Ditches of District 2 <br />