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DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />Bill Ritter, Jr. <br />Governor <br />Mike King <br />Executive Director <br />Dick Wolfe, P.E. <br />Director/State Engineer <br />September 24, 2010 <br />James R. Stark <br />Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Re: Colowyo Coal Mine (Permit No. C-1981-019) <br />Technical Revision Application No. 88 (TR-88) <br />Extends the West Taylor Temporary Out of Pit Spoil <br />Dear Mr. Stark: <br />?''00-® <br />? ? QTp?O <br />????n9 d S <br />ow <br />The Division of Water Resources has reviewed the Colowyo Coal Mine (Permit No. C- <br />1981-019), Technical Revision Application No. 88 (TR-88). The revision proposes to <br />change the boundary of the West Taylor Fill to accommodate temporary out-of-pit spoil. <br />Currently, the SEO has no objection to the revision. <br />Additionally, please note that portions of the site are within an over appropriated stream <br />basin. All surface and ground water diversions in over appropriated areas must be <br />made in priority or must be fully augmented so as to not cause injury to senior water <br />rights. <br />Further, if storm water is not diverted or captured in priority, Colorado water law requires <br />it be released, or replacement for evaporation will be required of the operator/owner of <br />the site. The State Engineer's current policy requires that all impounded water be <br />released to the stream system within a maximum of 72 hours after impoundment. <br />Unless captured in priority, impounded water may not be used for any purpose except as <br />approved under a substitute water supply plan or a decreed plan for augmentation. <br />The 2009 AHR Exhibit 1A from the 2009 Annual Report Impound Locations shows <br />several existing ponds within over appropriated stream basin areas. As noted above, <br />water may only be captured and stored in ponds if the water is captured in priority. Also, <br />any exposed ground water in over appropriated areas must be backfilled immediately <br />until a well permit is issued and a plan for augmentation or substitute water supply plan <br />is approved to replace the water loss due to evaporation from the exposed ground water. <br />If any of the circumstances mentioned above apply to this operation the operator/owner <br />must comply with the restrictions stated above to ensure that no injury occurs to senior <br />water rights. <br />Office of the State Engineer <br />1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 <br />www.watenstate.co.us