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iii iiiiiiiiiiiu iii <br />999 <br />Richard D. Lamm <br />Governor <br />DEPARTMENT OF NATURAL RESOURCES <br />Davitl H. Getches. Executive Director <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. SHELTON, Director <br />1 ~ <br />June 14, 1985 <br />Mr. Steven Self <br />Eastside Coal Company <br />P.O. Box 161 <br />Silt, CO 81652 <br />RE: Stipulations 3, 4, and 11, Eastside Mine, File No. C-84-063 <br />Dear Mr. Self: <br />The Division has received Eastside Coal Company's response to Stipulation 3 <br />and found it acceptable. The first monitoring report pursuant to Stipulation <br />11 has also been received. Additional information on subsequent reports which <br />tabulates the total movement from the original monument positions should be <br />included to facilitate review by the Division. <br />The Division has contacted the Department of Water Resources pursuant to the <br />water rights issues addressed in Stipulation No. 4. According to their <br />records, Harvey Gap appears to be over-appropriated. In addition, it was <br />noted by the Department that since the Eastside Mine's sump water is t}-ibutary <br />to Harvey Gap, it requires a water right for legal use. <br />Based on this information, the Division finds that Eastside Coal Company must <br />either: <br />1) Proceed in procurring the water rights for use of the mine water, <br />or <br />2) Provide to the Division the appropriate documentation that: <br />a. there are alternative sources of water supply that could be developed <br />(as per Rule 2.04.7 (3)). <br />b. no owner of a vested water right will be proximately injured as a <br />result of mining activity (as per Rule 4.05.15). <br />c. Eastside Coal Company has the right to use sump water for consumptive <br />purposes. <br />If you have any questions, please contact myself or Candace Thompson at the <br />Division. <br />Sincerely, <br />'~~ ~'-~ <br />Jeffrey Deckler <br />Reclamation Specialist <br />JD/sjv <br />1291E <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />