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'~ , • ~ <br />Chips Barry -2- August 21, 1979 <br />2. With regard to obtaining water storage rights, Mr. Burke <br />is correct with regard to obtaining an absolute water <br />right; however, a conditional water storage right can be <br />obtained prior to the actual storage of water. <br />The reason that we requested that the Cotter Corporation <br />obtain a water storage right prior to the Board's approval <br />is to alert water users and our Division Engineer of the <br />possibility of water being used in this area, l~ue to the <br />remoteness of the area and the shortage of water, it is <br />important that the proper individuals are aware that the <br />Cotter Corporation intends to store water. Without prior <br />knowledge and due to the lack of personnel, our office <br />cannot always efficiently administer the streams in order <br />to protect senior water rights. <br />In conclusion, if the Mined Land Reclamation Board does not require the appli- <br />cant to obtain the appropriate well permits and water rights as a condition of <br />approval of the Mined Land Reclamation Permit, the applicant may not attempt <br />to obtain them. We certainly do not have the staff to inspect every mining <br />operation for compliance with Colorado water law and it seems that if some <br />degree of cooperation between the Board and this office could be achieved <br />on this subJect, the water users of the state would certainly benefit. If you <br />wish to discuss this topic further, we would be most happy to do so at your <br />convenience. <br />JAD/HDS: mvf <br />. a ~A - <br />J ris A. Danielson <br />cc: Bruce De Brine <br />Joel Cantrick, Asst. Attorney General <br />