2009-09-18_REVISION - C1980007 (2)

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Kaldenbach, Tom From: Welt, Kathy [KWelt@archcoal.com] Sent: Friday, September 18, 2009 4:07 PM To: Kaldenbach, Tom Cc: Sweetwood, Ryan; Nolte, Doug; Nyikos, Chris Subject: FW: Mountain Coal Water Rights per CDRMS Applications TR-118 and TR-119 Tom, With the SEO's note below, I believe that we have received all of the state and other agency concurrences for both the TR-118 and TR-119 projects. Please let me know if you have any questions or need anything further to meet your (& our) approval goal of Monday morning. You are welcome to e-mail or call me by cell (970) 433-1022 this weekend if I can be of help. Thanks, Kathy From: Lis, Craig [mailto:Craig.Lis@state.co.us] Sent: Fri 9/18/2009 4:34 PM To: Welt, Kathy Cc: Hurford, Bob; Tuck, Stephen; Kaldenbach, Tom Subject: RE: Mountain Coal Water Rights per CDRMS Applications TR-118 and TR-119 Kathy: I have reviewed the plan for augmentation decreed in Case Nos. 97CW244, the application for diligence filed in Case No. 09CW107 and the application for a change of water right for the sedimentation pond filed in Case No. 09CW108. Based on my review there should be no injury due to the operation of the coal wash plant and coal handling equipment so long as water diversions occur via the structures listed as augmented in Case No. 97CW244 and are augmented per the plan for augmentation decreed therein; and the sedimentation pond is operated as an undecreed junior water right until the change in water right is decreed in Case No. 09CW108. Please contact me if you have any questions. Craig Lis Water Resources Engineer Colorado Division of Water Resources 1313 Sherman St Rm 818 Denver CO 80403 (303) 866-3581 -----Original Message----- From: Welt, Kathy [mailto:KWelt@archcoal.com] Sent: Friday, September 18, 2009 2:31 PM To: Lis, Craig Subject: RE: Mountain Coal Water Rights per CDRMS Applications TR-118 and TR-119 It's case # 97CW244. 1