2011-11-28_HYDROLOGY - M1988112

• Permit No: M1988112
• IBM Index Class Name: HYDROLOGY
• Doc Date: 11/28/2011
• Doc Name: Objection To SWSP
• From: Costilla County
• Email Name: WHE
• Media Type: D
• Archive: No

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APPLICATION FOR SUBSTITUTE WATER SUPPLY PLAN FOR BATTLE
MOUNTAIN RESOURCES, INC. OF JUNE 23, 2011 ON THE SALAZAR
RANCH, COSTILLA COUNTY, COLORADO DIVISION OF WATER
RESOURCES, STATE OF COLORADO
COSTILLA COUNTY'S RESPONSE TO APPLICATION FOR
SUBSTITUTE WATER SUPPLY PLAN
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The Board of County Commissioners of Costilla County, the Montez Ditch,
and the Costilla County Conservancy District, by and through counsel, oppose
the Application for Approval of Substitute Water Supply Plan ( "SWSP ") for Battle
Mountain Resources, Inc. ( "BRMI "), Costilla County, Colorado, submlft on
June 23, 2011 as follows:
DEC I 20»
I. INTRODUCTION
By letter dated June 24, 2011, attorney James S. Witwer for BRMI advised
that the above application for approval of SWSP had been made pursuant to
CRS § 37- 92- 308(4)(a)(II) and that any response or claim of injury or any terms
and conditions that should be imposed upon the plan to prevent injury to a party's
water rights or decreed conditional water rights or any other information that
Opposer wishes to state to the Engineer to consider must be submitted.
This Response is provided on behalf of the Board of County
Commissioners of Costilla County and the Montez Ditch, (jointly referred to as
"BCC ") and Costilla County Conservancy District ( "CCCD "), which are collectively
referred to as Costilla County.
II. BACKGROUND
Battle Mountain Resources, Inc. ( "BMRI ") filed its application for an
approval of change of water rights, amendment for augmentation, and water
storage rights on June 5, 2007 in Case No. 2007CW42. Statements of
opposition were filed by the Board of County Commissioners of Costilla County
and the Costilla County Conservancy District, and others. BMRI amended its
application on June 6, 2007 and July 22, 2010.
As part of the July 22, 2010 amended application, BMRI requests Court
confirmation of a junior water storage right as well as Court approval of a change
of irrigation water rights associated with the Salazar Ranch for purposes of
augmentation and replacement.
Case No. 2007CW42 involves two prior decrees:
(a) Case No. 89CW32. This Water Court decree, entered on
November 12, 1991, was entered in conjunction with BMRI's mining activities.
As part of the 89CW32 decree, wells associated with the Rocky Mountain Farms