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~ III IIIIIIIIIIIII III • <br />Joseph C. Gallegos <br />F'. 0. Bo;: 91 <br />San Luis, CO 81152 <br />Mined Land Reclair~ation Division <br />ATTN. Mined Land Reclamation Board <br />1'1~+ Sherman St. <br />Denier, CD 8V203 <br />Dear Sirs: <br />RECE'~EC <br />n E C 1 1989 <br />MINEO Lh)~~ <br />RECI.pMgTION DIVISION <br />I, as a citizen of Castilla County Colorado, would li4:e to <br />file a letter of objection against battle Mountain Gald _;ompany's <br />amendments to their 112 permit. The reasons far my objections are <br />a5 fp11aWS: <br />1) Cor~tair~ed on page 2 of the amended plan in the augmentation <br />plan section, is a statement that Battle Mountain Gold (BMG> will <br />apply, on an annual basis for a substitute water supply plan for <br />the State Engineers approval in order to begin start up ~f the <br />mining project. This substitute supply plan can be denied by the <br />State Engineer and therefar-e should not be considered as a <br />reliable source of water for the mining project. Presently, the <br />State Engineer- has given BMG ~ acre-ft of water for dust control <br />and operation of sanitary facilities, This granting of water does <br />not mean that in the future they will always 6e granted ~»ater. <br />Until BMG's augmentation plan is approved by the State Water <br />Court, BMG have no water rights and therefore the amendm~?nts <br />should be denied from their 112 permit. <br />2) Contained in appendi;; A of the amended plan is an <br />augmentation plan application that has been filed in llivisian III <br />Water Court. <br />There are presently 14 statements of apposition filed in the same <br />coi_irt. BMG must prove to the courts that none of the opposers <br />will not 6e harmed by BMG's augmentation plan. This proc~edi.ire and <br />decision may ta4:e a lony time for the courts to resolve. Until <br />the court approves that BMG's augmentation plan is legal and not <br />harmful to other water rights, the amendments to the 112 permit <br />should be denied and said permit considered incomplete. <br />~~> Fage 4 of the augmentation section states that data -=rom the <br />wells on the Columbian Ranch/Roc4;y Mountain Farms proper .y <br />indicate a quality water that can be directly discharged to the <br />Rito Seco. This is an assumption by BMG, and the Water Oiaality <br />Control Commission should be contacted to ma4;e that deci~~ion and <br />not Battle Mountain Gold Ca. <br />