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• RICHARD D. LAMM Governor ~ III IIIIIIIIIIIIIIII JERIS A. DANIELSON State Engineer OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303)866-3561 May 27, 1982 MEMORANDUM T0: Mined Land Reclamation, Attention: Mike Savage FROM: Ha:L D. Simpson, Assistant State Engineer ~~C~~V~~ MaY 2 ~ 1982 MINED LAND RECLAMAI"-DN Colo. Dept. of Natural Resource SUBJECT: Comments on Water Rights, Bourg Mine, File C-021-81 As requested, we have reviewed Bourg Mine for water rights concerns. From your conversation:; with Jim Hall, I have been informed that Flatiron no longer plans to mine through Mann Draw, that Flatiron might abandon their conditional adjudi- cation for three wells in Mann Draw (Division No. 6, Case No. 79CW226), and that Flatiron is presently using a well without a well permit. If Flatiron is using a well without a well permit, then Flatiron is operating illegally. Flatiron must obtain :3 well permit from our office for all wells to avoid being in viola- tion of CRS :1973, 37-90-137. If the well Flatiron is presently using is pursuant to Division No. 6, Case No. 79CW226, Flatiron will not have difficulty obtaining a well permit; however, the information the have available would indicate that the well is not pursuant to the above mentioned case. If our information is correct and if the present well is located in an area tributary to the Canadian River, Flatiron will need a court approved plan of augmentation prior to obtaining the necessary well permit. An augmentation plan is required because the Canadian River is considered over- appropriated. The augmentation plan would replace the out-of-priority consump- tive use associated with the operation of the well. Flatiron did not file a statement of beneficial use for either well permit numbers 112536 or 112537 as required by CRS 1973, 37-90-137(3)(a); therefore, these well permits have expired. Since the well permits were for non-consumptive dewatering purposes only, Flatiron should not have any trouble getting our office to reissue these permits. Hal D. Simpson HDS/JRH:mvf cc: Wes Signs, Div. Eng.