REV88420

• Permit No: C1980005
• IBM Index Class Name: Revision
• Doc Date: 5/12/2006
• Doc Name: Review Letter
• From: Craig Lis
• To: DMG
• Type & Sequence: TR37
• Media Type: D
• Archive: No

STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone [phone] Res once to Reclamation Permit A lication Consideration
FAX [phone] P pp
www.watecstate.co.us ~ ~ ~ ~ ~ ~{
DATE: March 3, 2006 /
TO: Michael P. Boulay, Environmental Protection Specialist MAY 12.2006
CC: Division 6 Office; District S7 Water Commissioner
Division of Minerals antl Geology
FROM: Craig M. Lis, P.E. ~~~
RE: Operator: Seneca Coal Company, Seneca II Mine, Ponds 004 and 008
Technical Revision 27
Pond 004 - SE'/<SW'/< Section 12, Twp S N, Rng 87 W, 6th P.M., Routt County
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Bill Owens
Governor
Russell George
Executive Director
Hal D. Simpson, P.E.
State Engineer
Pond 008 -Routt County
Review of the technical revision indicates that rather than remove Ponds 004 and 008, the operator is requesting to
modify the reclamation plan to allow Ponds 004 and 008 to become perrtlanent stmctures. The operator also states that a
water right for Pond 004 was decreed in Case No. 82CW62. Pond 004 is tributary to Cow Camp Creek, which is
tributary to Fish Creek, which is tributary to the Yampa River. Pond 008 is tributary to Fish Creek, which is tributary to
the Yampa Rivet New information submitted indicates that the operator will provide a flexible siphon pipe at each
stmcture to allow for the release ofout-of-priority inflows.
The Division Office and Water Commissioner have indicated that since administration of this stream system is currently
infrequent, the siphon is an acceptable remedy at this time. However, note that our prior comments of March 3, 2006
still apply, and that changes in the call scenario may result in an order from the Division Engineer requiring the
installation of low-level outlets capable of releasing all storage from the structures or breech of the structures to assure
that senior appropriators receive the water to which they aze entitled by law.
Review of the submitted materials indicates that the operator is aware of this possibility and will fully inform the
landowner of the State Engineer's authority in this tegazd.