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INTEROFFICE MEMORANDUM <br />TO: MARRMINE M4 FI -P <br />FROM: JANET BINNS <br />SUBJECT: WATE G G I G LOAD OUT POND <br />DATE: 11/4/2009 <br />TIME: 9:30 AM <br />Mead Klavetter of U.S. F&WS; Arapaho National Wildlife Refuge, in Jackson County, called regarding <br />Kerr Coal Company's request for obtaining water rights for the Load out pond. Kerr Coal Company had <br />contacted The Refuge regarding obtaining water rights from the Refuge for the Load out pond, to meet <br />the DRMS requirement to demonstrate that the operator or land owner has the water rights to impound <br />water in a permanent pond. <br />Mead is new to the position (3-weeks) so he needed a little background. He has been on the load out site <br />and has seen the pond. He did not think that the Refuge could deed the water rights to Kerr Coal <br />Company but he did think that the USFWS could develop an agreement that they would be willing to fill <br />the pond from their agricultural tail water from the Holmes ditch that runs adjacent to the L.O. pond. I <br />was not sure if that would meet the requirements but it might. I explained to Mead that we also need to <br />have State engineer's office sign off on the water rights concern. <br />Mead said that the USFWS feels that the pond is beneficial to waterfowl and provides nesting area to <br />species that use the Refuge. His office would support retention of the load out pond. <br />Mead said that he would contact George Patterson and see about crafting an agreement with Kerr Coal <br />Company. I told Mead that if he had additional questions to call me.