2008-09-22_PERMIT FILE - C1996083A (2)

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Mr. Jim Stover, P.E. Page 2 August 9, 1996 • Whereas if the "drill holes" are test wells, dewaterng wells, monitoring and observation wells pursuant to Rule 3.1, then the Water Well Construction Rules are applicable. Perhaps better definition of the "drill holes," their intended purpose and use would help define which category, and thus which rule is applicable. Item 3 of your letter points out that the sediment ponds are required by DMG and the discharge permit. The comment from this office regarding the negative water resource aspects of "clean" water versus "silty water" was intended to merely point out the emphasis water resource statutes (and case law) put on water "suitable for the use intended." Particularly some ditch systems prefer (and sometimes rely) on silty water to "lubricate" and seal their ditch delivery system. This may or may not be of concern for the Fire Mountain Canal or Deer Trail Ditch. Item 4 of your letter indicates "The applicant has in fact no[ quantified water quantity impacts." The Division Engineer for Division 4, Water District 40 (which is the water administration region of the proposed mining activity) indicates that all tributaries and the mainstem of the North Fork of the Gunnison River from the headwaters to the confluence with the Gunnison River are considered overappropriated. This means that any use of water with subsequent depletive effect beyond historic use quantities or use times would require a plan of augmentation to mitigate these quantity or timing depletive effects. An analysis of depletive effects and timing of the historic use of the water rights identified vis-~-vis, the • proposed depletive effects and timing of use may indeed indicate no plan of augmentation is required, as you indicate. But without a water use analysis, monitoring alone may not indicate injury to vested water rights. To wait until monitoring has idenitified water quantity impacts will unnecessarily subject existing vested water rights to injury. The intent of the water resource analysis (depletion and timing of usel would be to define injury, it potential exists, before it occurs and devise a plan of augmentation to alleviate it. I trust this addresses your concerns and clarifies our comments. ,- Sincerely, .~ ~;, Chuck Roberts Professional Engineer III CGR:jmg cc: Anthony J. Waldron, DMG Kenneth Knox, DWR 7306L.cr •