PERMFILE130614

• Permit No: M1977310
• IBM Index Class Name: Permit File
• Doc Date: 11/21/1977
• Doc Name: ADEQUACY REVIEW JD-6 MINE FN 77-310
• From: HOLME ROBERTS & OWEN
• To: MLRB
• Media Type: D
• Archive: No

Colorado Mined Land
Reclamation Board
November 21, 1977
Page 2

A. Effect Upon Vested Water Rights.
As stated in Exhibits B and D to Cotter's
application, there are no surface waters located on the
affected lands, and the only water met in mining operations
is encountered in the form of occasional small bodies of
water resting well above the true groundwater table.
Additional information supplied to us by Cotter indicates
that:
(i) these bodies lie some 220 to 270 feet
above the first aquifer (the Entrada),
(ii) they are non-contiguous, isolated bodies
lying within the Salt Wash Formation, and are underlain
by lenticular barriers which prevent their movement,
(iii) they are encountered intermittently
enough that such holes spaced as closely as one-hundred
feet have shown no continuity of such bodies,
(iv) as such waters are encountered, they are
used entirely in mining operations on the affected
lands, such use consisting of about 1000 gallons per
working day, or approximately 0.77 acre foot per year.
(v) diligent inquiry by Cotter has yielded
no additional hydrologic or geologic information which
would add further to the above,
(vi) the waters to be encountered in mining
operations have not historically been tributary to any
stream system and their use in the proposed program
will cause no injury to any vested rights of other
water users, either surface or underground.
(vii) the mine's domestic needs will be met
by haulage of water purchased from the Town of Naturita.
These needs will be served by hauling approximately
84,000 gallons per year. This water will be returned
through an approved septic tank and leaching field.
The memorandum from the State Engineer's Office
states:
Water rights are required by Colorado law before
water may be put to beneficial use including