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~~ <br />• • III IIIIIIIIIIIII III <br />HOLME ROBERTS & OWEN <br />ATTORNEYS AT LAW <br />I~00 BROAOwAY <br />DENVE R. COLD RADO 802D0 <br />TELEPHONE 13031 BBI~)000 <br />KENNETH ~. BU RKE TELEX 434480 BRANCH OFFICE: <br />COLD RADO SPRINGS. COLORADO <br />TELEPHONE 13031 413.3800 <br />January 13, 1978 <br />Dr. Jeris A. Danielson <br />Deputy State Engineer <br />Division of Water Resources <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />Re: Cotter Corporation - Schwartzwalder Mine <br />Jefferson County Application for MLRB Permit <br />Dear Jerry: <br />We have been asked by Cotter Corporation tc respond <br />to your letter of December 1, 1977 directed to Harris <br />Sherman as Secretary for the Mined Land Reclamation Eoard. <br />In your letter to Mr. Sherman, you noted that no statement <br />of beneficial use had ever been filed for the alluvial <br />well (Exhibit N) noted in the Cotter application. TYlis <br />letter will respond particularly to that matter. <br />In order that your records might be complete <br />regarding this well, we have enclosed a completed statement <br />of beneficial use regarding this structure. To brincr you <br />personally up to date regarding this matter, we feel that a <br />brief history of the well usage may be in order: The: well <br />was first drilled on March 31, 1969. Due to a site conflict <br />with another plant facility, it was decided to reloczite <br />this well in 1972. Accordingly, an application for zr <br />replacement well was filed with your office in July of 1972, <br />and granted permit No. 64684 in September of that yeeir. As <br />you know, this well is an exempt well under § 37-92-E~02 <br />C.R.S. 1973. The provisions set forth in that statui:e, <br />particularly regarding exempt wells, do not appear to require <br />the completion of formal statements of beneficial use:. <br />Nonetheless, assuming that the provisions of The Groundwater <br />Management Act (~ 37-90-137(3)(a)) do in fact apply :;o as <br />to require the provision of supplemental information, this <br />statute speaks only of furnishing to your office . <br />"evidence that the water from such wells was put to beneficial <br />use." It would appear that appropriate evidence of :such <br />usage had already been presented to your office in the <br />following forms: <br />