Laserfiche WebLink
Page 1 of 1 <br />Tabor <br />Rece <br />From: "Tim Mantle" <mantle.tim@dishmail.neV, ?'"+nD 14 Zoll <br />Date: Friday, February 11, 20113:42 PM " G,,_Mjr <br />To: "Cissy Tabor" <rm2.cissy@gmail.com> ° ?Mc <br />Cc: "Tim Mantle" <Mantle.Tim@dishmail net>; Brooke Mantle <bmantle@wildblue.ne <br />Subject: Water <br />Dear Ms. Tabor, <br />1 have diligently been trying to comply with the request of Mr. Czapla:: "specify how you will comply with <br />applicable Colorado water laws governing injury to existing water rights;." <br />Note: Since water is to be intercepted from Eureka Creek and/or Little Side Gulch, demonstrate that the <br />landowner has adequate water rights to supply the stockwater pond." <br />My response:: <br />The only water rights on record with Colorado Division of Water Resources in Eureka Gulch are in <br />Sections 32 and 16 T3S R98W. These filings belong to the Mantle family DBA Mantle Ranch and Mantle <br />Ranch leases the surface of Lost Cause LLC for agricultural purposes, thereby the water when available <br />is shared throughout the ranching operation as the livestock range while grazing. <br />As has been reiterated previously, Eureka Creek drainage is a dry drainage, only when there is unusually <br />sudden thawing of snows or an occasional cloudburst during summer (which is why there is silVsediment <br />captured in the stockpond) does the drainage contain any water. Little Side Gulch is approximatfey 1/4 <br />mile long and cannot possibly have water. <br />For clarification of the following statement, please contact Cathy Bower at Colorado Division of Water <br />resources 970-826-0810::: <br />In Colorado, the water belongs to the State of Colorado. Anyone can use the water for their purposes at <br />any time that said water is not under administration by the State Engineer's office. Therefore, water <br />impounded during a time that downstream water is not on CALL, or at a time that the water being <br />impounded does/will not flow to the downstream point of diversion when on CALL, can legally be <br />impounded in our stockwater pond. Water in this fashion, legally impounded, cannot be claimed by the <br />water user downstream at a later date. <br />I am having a hand time understanding where the division of Reclamation, Mining, and Safety has <br />authority over the Division of Water Resources. I have never heard of these people administering water, <br />or protecting water rights or telling anyone when they can use or not use the waters of the state of <br />Colorado. Please explain to me by what legal jurisdictional right are we are having this hold-up in our <br />permitting process? <br />I will expect issuance of this permit in the very near future. <br />Respectfully submitted, <br />Tim Mantle <br />?p10'D6q <br />FR ; <br />I ` <br />-ArF, <br />bbc <br />P l I ca-,- <br />NA1'qF-= /A epm? 0r°n):!2sS <br />RE.-CEIV601 <br />FEB 18 2011 <br />Division of Reclamation, <br />- hand Safety <br />R15?A.st__ <br />2/14/2011