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Mrs. Kathy Welt Page 2 of 2 <br />Jurisdictional Ruling of Proposed Dam at Mountain Coal Company's West Elk Mine <br />August 20, 2009 <br />Please be aware that this ruling on the jurisdictional status of this facility does not infer a <br />vested water right for the dam. The facility must be operated in a manner that will not cause injury to <br />downstream water users with vested water rights. Please contact Steve Tuck, the Water <br />Commissioner for Water District 40 at (970) 234-4922 concerning this issue. <br />We appreciate that you contacted our office concerning this project and requested a ruling on <br />the jurisdictional status. If you have any questions concerning this matter, please do not hesitate to <br />contact Jason Ward in our Montrose office at (970) 249-6622. <br />Sincerely, <br />Z,/ <br />Mark R. Haynes,. P.E. <br />Chief, Safety of Dams Program <br />Enclosure: Pond MB-5E Notice of Intent signed August 18, 2009 <br />xc (w/o encl.): Bob Hurford, Acting Division Engineer <br />Jason Ward, Dam Safety Engineer <br />Steve Tuck, District 40 Water Commissioner <br />Tom Kaldenbach, Colorado Division of Reclamation Mining & Safety <br />