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STATE OF COLORADO Eccpw <br />DIVISION OF WATER RESOURCES V Y ;?o <br />WATER DIVISION FOUR <br />Office of the State Engineer <br />Department of Natural Resources <br />1871 E. Main St. <br />P.O. Box 456 <br />Montrose, Colorado 81402 <br />Phone (970) 249-6622 <br />Fax (970) 249-8728 <br />January 20, 2009 <br />Mr. Michael Quinlan <br />j o ; Gault Group Inc. <br />36 West Main Street <br />Cortez, CO 81321 <br />/?/? Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Dick Wolfe, P.E. <br />Director <br />Vacant <br />Division Engineer <br />Ew"-® RECEIVED <br />JAN 3 0 200 JAN 2 3 2009 <br />Division of Reclama+don, <br />Kning and Safet9RAND JUNG W N N FIELD OFFICE <br />DIVISION OF <br />RECLAMATION MINING & SAFETY <br /> <br />RE: Blue Rock Energy Resources, J-Bird Mine; Permit # M-2005-050 <br />Retention Basins and Water Administration <br />Dear Mr. Quinlan: <br />This letter is response to your inquiry regarding the position or policy of the Colorado Division of Water Resources <br />with respect to capturing rainwater (stormwater runoff) in retention ponds. My understanding is that the <br />stormwater retention ponds at the subject site are designed to capture and percolate the retained runoff from the <br />facility. <br />The Colorado Revised Statutes are silent to this specific issue. However, we discussed a "72-hour policy" of <br />detaining water prior to release back to the stream system. This policy or guideline really, is actually born out of <br />irrigation practices using pumps and sprinkler systems and does not really have application in this situation. <br />My responsibility is to determine whether injury may result to vested water rights due to the use of this retention <br />pond. Based on the information you provided, I have determined no such injury exists and no water right is needed <br />for your stormwater management plan. This facility would potentially impact drainages tributary to LaSalle Creek, <br />tributary to the Delores River. This system is not over appropriated and has not been administered. In other words, <br />no scnior ,eater rights have ever placed a "cali" for water that resulted in junior water rights being shutoff. <br />As you described, the stormwater will be captured in the retention pond and returned to the hydrologic system by <br />percolation. There is no consumptive use of the runoff resulting in depletion to the system. My comments are site <br />specific. This explanation does not apply to other facilities, even if similar. Please contact me if you need further <br />clarification on this issue. <br />Sincerely <br />, <br />4 _ * <br />Bob W. Hurford, PE <br />Acting Division Engineer