HomeMy WebLinkAbout1.0 ApplicationT. PETER CRAVEN
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POST OFFICE BOX 1 105
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE 303 - 945-8571
July 25, 1980
Mr. Arthur A. Albplanalp
Garfield County Attorney
Mr. Bud Milner
Garfield County Building Inspector
Mr. Ray Baldwin
Garfield County Planning Director
Re: Snowmass Coal Company
HAND DELIVERED
Dear Sir:
The following is a legal description of the area embraced
by the facilities to be constructed pursuant to the Special
Use Permit approved by the Board of County Commissioners and the
variance granted by the Board of Variance of Garfield County:
Township 7 south, Range 88 West, 6th P. M,
Garfield County, Colorado
Section 20.
That portion of Lot 10 bordered on the south
by Lot 12, on the east by Lot 11, on the
north by Lot 17, and in the west by a line
extended from the northwest corner of Lot 12
north to the south boundary of Lot 7.
That portion of Lot 10 beginning at the
intersection of the north boundary of
Lot 15 and the west boundary of Lot 12,
thence north along the west boundary of
Lot 12 650 feet to a point,
thence west 650 feet to a point,
thence south 650 feet to a point on the
south boundary of Lot 10,
thence east along the south boundary of
Lot 10 650 feet to the point of beginning.
Mr. Arthur A. Alplanalp
Mr. Bud Milner
Mr. Ray Baldwin
July 25, 1980
Page Two
Lot 11: SW4
Lot 12: S1/2
Lot 16: W1/2
Section 29:
Lot 2: NW4
Lot 3: North 330 feet
Lot 4: That portion lying 75 feet on either side of a
line extending from the northeast corner to
the southwest corner of said Lot 4.
Lot 6: North 500 feet of NE4
Lot 7: NW4 NW4
Simultaneously herewith Snowmass Coal Company has presented
its Mined Reclamation Board Permit and previously has tendered the
other information for the issuance of the Special Use Permit and
Building Permit. Therefore, it is respectfully requested that
these permits be issued July 25, 1980.
Very truly yours,-
f.�
. Peter Craven
Attorney for Snowmass Coal Company
TPC/rc
0.
d'i T H E
4:Z CORPORATION
2400 ANACONDA TOWER • 555 SEVENTEENTH STREET • DENVER, COLORADO 80202 • 303-825-6100 • TWX 910-931-2620
Mune 4, 1960
Snowmass Coal Company
% Western Associated Coal Corp.
410 Seventeenth Street, 112300
Denver, Colorado 80202
Re: Special Use Permit: Resolution No. 80-62
Garfield County, Colorado
Gentlemen:
You have provided us a copy of Resolution No. 80-62 (the Special Use Permit
Resolution) which sets forth by legal description on the first page thereof the lands
covered by the Special .Use Permit Resolution (the Lands). Except for a small
portion of the Lands which lie to the west of the so-called Kaiser -Sievers Ditch,
The Anschutz Corporation (Anschutz) is the owner of the Lands, subject, however,
to the easements granted to your company (the residual rights of Anschutz in the
Lands are hereinafter referred to as the Anschutz Residual Lands).
The Special Use Permit Resolution requires that you submit to the Board of
County Commissioners of Garfield County evidence of our agreement to the
conditions contained in the said Resolution. Subject to the clarifying statements
below, Anschutz agrees to be bound with respect to the Anschutz Residual Lands,
specifically as set forth in Section 5.c. of the Special Use Permit Resolution.
The above notwithstanding, because Anschutz is neither the owner nor
operator of the unit train loading facility to be constructed on the Lands, Anschutz
can neither provide that information nor carry out those actions relating to the
construction and operation of the unit train loading facility on the Lands required
by the Special Use Permit Resolution and therefore cannot agree to be bound by
the requirements contained in the Special Use Permit Resolution other than that
condition contained in Section 5.c. All other submittals to the county and
particular actions required by the Special Use Permit Resolution shall apply solely
to your company.
You are authorized to deliver this letter to the Board of County Commission-
ers of Garfield County to demonstrate the agreement of Anschutz as set forth
above.
Very truly yours,
THE ANSCHUTZ CORPORATION
By
RFS:rp
art I . Starzel
IMMUTE
LAND Cc LIVESTOCK CO.. INC.
2400 ANACONDA TOWER
555 SEVENTEENTH STREET
DENVER, COLORADO 80202
TELEPHONE 303-825-6100
June 4, 1980
Snowrnass Coal Company
% Western Associated Coal Corp.
410 Seventeenth Street, 112300
Denver, Colorado 80202
Re: Special Use Permit: Resolution No. 80-62
Garfield County, Colorado
Gentlemen:
You have provided us a copy of Resolution No. 80-62 (the Special Use Permit
Resolution) which sets forth by legal description on the first page thereof the lands
covered by the Special Use Permit Resolution (the Lands). Anschutz Land &
Livestock Co., Inc. (Anschutz Land) owns a small portion of the Lands which lie to
the west of the so-called Kaiser -Sievers Ditch, subject, however, to the easements
granted to your company (the residual rights of Anschutz Land in the Lands are
hereinafter referred to as the Anschutz Residual Rights).
The Special Use Permit Resolution requires that you submit to the Board of
County Commissioners of Garfield County evidence of our agreement to the
conditions contained in the said Resolution. Subject to the clarifying statements
below, Anschutz Land agrees to be bound with respect to the Anschutz Land
Residual Rights, specifically as set forth in Section 5.c. of the Special Use Permit
Resolution.
The above notwithstanding, because Anschutz Land is neither the owner nor
operator of the unit train loading facility to be constructed on the Lands, Anschutz
Land can neither provide that information nor carry out those actions relating to
the construction and operation of the unit train loading facility on the Lands
required by the Special Use Permit Resolution and therefore cannot agree to be
bound by the requirements contained in the Special Use Permit Resolution other
than that condition contained in Section 5.c. All other submittals to the county
and particular actions required by the Special Use Permit Resolution shall apply
solely to your company.
You are authorized to deliver this letter to the Board of County Commission-
ers of Garfield County to demonstrate the agreement of Anschutz Land as set
forth above.
Very truly yours,
ANSCHUTZ LAND & LIVESTOCK CO., INC.
•
'I • /4:4 til.sUe.;10-•
Miles A.\lilIiar.,
IN THE DISTRICT COURT IN AND FOR
WATER DIVISION NO. 5
STATE OF COLORADO
Case No. 80 CW 104
IN THE MATTER OF THE )
APPLICATION FOR WATER RIGHTS )
OF THE SNOWMASS COAL COMPANY )
IN THE COLORADO RIVER )
OR ITS TRIBUTARIES )
TRIBUTARY INVOLVED: )
ROARING FORK RIVER )
IN GARFIELD COUNTY )
DECREE
The above -entitled application was filed on May 12,
1980, and was referred to the Water Referee for Water
Division No. 5, State of Colorado, by the Water Judge of
said Court on the 12th day of June, 1980, and was
re-referred to the Water Judge on the 29th day of August,
1980, in accordance with Article 92 of Chapter 37, Colorado
Revised Statutes 1973, known as The Water Right Determina-
tion and Administration Act of 1969. A Pretrial Conference
scheduled for July 1, 1981, was vacated upon.motion of the
Applicant and concurrence of all parties.
The matter having come on for hearing on August 12,
1981, and the Water Judge having taken such testimony and
considered such evidence as is necessary to determine
whether or not the statements in the application are true
and having become fully advised with respect to the subject
matter of the application does hereby make the following
findings of fact and conclusions of law, to -wit:
1. The statements in the application are true.
2.. The name of the structure is Snowmass Coal
Company Well No. 1.
3. The name and address of the claimant:
Snowmass Coal Company, P.O. Box 980, Carbondale, Colorado.
4. The source of the water for Snowmass Coal
Company Well No. 1 is groundwater tributary to the Roaring
Fork River, the well being 93 feet deep.
5. Snowmass Coal Company Well No. 1 is located at
a point in the NE1/4 NW1/4 Section 29, T7S, R88W, 6th P.M.
at a point 65 feet from the north section line and 2260
feet from the west section line.
6. The use of the water is domestic, industrial,
mechanical, mining and irrigation.
7. The date of initiation of appropriation is
February 1, 1980.
8. The amount of water claimed from Snowmass Coal
Company Well No. 1 is 100 gallons per minute or 0.222 cubic
feet per second of time.
9. The well has been drilled pursuant to Permit
#25269-F issued by the Colorado State Engineer on April 20,
1981. Said permit contains the following conditions:
a. Application for a decree for this
appropriation must be made to the Division 5 Water Court
prior to the use of this well. This approval is subject to
the terms of said decree.
b. A totalizing flow meter must be installed on
the well discharge when this water is put to beneficial use.
Diversion records shall be submitted upon request, to the
Division of Water Resources.
10. Statements of Opposition were filed by J.E.
DeVilbiss, Leonis P. Chuc and Neva Chuc, and Union Oil
Company of California.
2
11. By stipulation dated August 12, 1981, the
Statements of Opposition of all objectors were withdrawn,
subject to certain agreed upon terms and conditions which
include the folowing:
"The Applicant shall be permitted to obtain decrees
for two wells and a reservoir, which decrees shall
require that the structures be operated in conformity
with the Plan for Augmentation as specified herein."
12. The Plan for Augmentation approved concurrent-
ly herewith in Case 80 CW 107 will, if complied with, insure
that no injury will occur to vested water rights by the
operation of this well.
DECREE
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the
above -entitled application for Underground Water Right is
hereby granted and 0.222 cubic feet per second of time is
hereby awarded conditionally to Snowmass Coal Company Well
No. 1 for domestic, mining, mechanical, industrial and irri-
gation purposes, with an appropriation date of February 1,
1980; provided always that said 0.222 cubic feet of water
per second of time is on the condition that said quantity of
water be applied to a beneficial use within a reasonable
time; subject, however, to all earlier priority rights of
others and to the integration and tabulation by the Division
Engineer of such priorities and changes of rights in
accordance with law, and further subject to the following
conditions:
a. A totalizing flow meter must be
installed on the well discharge when this water is put to
beneficial use. Diversion records shall be submitted, upon
request, to the Division of Water Resources.
3
b. The well shall be operated in com-
pliance with the conditions contained in the Plan for
Augmentation decreed concurrently herewith in Case 80CW107.
c. If said well is operated in accordance
with said Plan for Augmentation, approved concurrently here-
with in Case 80CW107, it may be pumped in accordance with
the conditions therein contained and may not be curtailed by
State water officials so long as said conditions are being
fully met.
Application for a quadrennial finding of reasonable
diligence shall be filed in August of 1985 and in August of
every fourth calendar year thereafter so long as claimant
desires to maintain this conditional water right or until a
determination has been made that this conditional water
right has become an absolute water right by reason of the
completion of the appropriation.
It is accordingly ORDERED that this Decree shall be
filed with the Water Clerk and shall become effective upon
such filing.
It is further ORDERED that a copy of this ruling shall
be filed with the appropriate Division Engineer and the
State Engineer.
DONE at the City of Glenwood Springs, Colorado, this
1777/1
/G- --day of --- �'� , 1981.
BY THE COURT:
Ga i D. Li w:ller
-We Judge
Water Division No. 5
State of Colorado
4
IN THE DISTRICT COURT IN AND FOR
WATER DIVISION NO. 5
STATE OF COLORADO
Case No. 80 CW 105
IN THE MATTER OF THE )
APPLICATION FOR WATER RIGHTS )
OF THE SNOWMASS COAL COMPANY )
IN THE COLORADO RIVER )
OR ITS TRIBUTARIES )
TRIBUTARY INVOLVED: )
ROARING FORK RIVER )
IN GARFIELD COUNTY )
DECREE
The above -entitled application was filed on May 12,
1980, and was referred to the Water Referee for .Water
Division No. 5, State of Colorado, by the Water Judge of
said Court on the 12th day of June, 1980, and was
re-referred to the Water Judge on the 29th day of August,
1980, in accordance with Article 92 of Chapter 37, Colorado
Revised Statutes 1973, known as The Water Right Determina-
tion and Administration Act of 1969. A Pretrial Conference
scheduled for July 1, 1981, was vacated upon motion of the
Applicant and concurrence of all parties.
The matter having come on for hearing on August 12,
1981, and the Water Judge having taken such testimony and
considered such evidence as is necessary to determine
whether or not the statements in the application are true
and having become fully advised with respect to the subject
matter of the application does hereby make the following
findings of fact and conclusions of law, to -wit:
1. The statements in the application are true.
2.. The name of the structure is Snowmass Coal
Company Well No. 2.
3. The name and address of the claimant:
Snowmass Coal Company, P.O. Box 980, Carbondale, Colorado.
4. The source of the water for Snowmass Coal
Company Well No. 2 is groundwater tributary to the Roaring
Fork River, the well being 84 feet deep.
5. Snowmass Coal Company Well No. 2 is located at
a point in the SE1/4 SW1/4 Section 29, T7S, R88W, 6th P.M.
at a point 20 feet from the south section line and 2210
feet from the west section line, Garfield County, Colorado.
6. The use of the water is domestic, industrial,
mechanical, mining and irrigation.
7. The date of initiation of appropriation is
February 1, 1980.
8. The amount of water claimed from Snowmass Coal
Company Well No 2 is 20 gallons per minute or 0.044 cubic
feet per second of time.
9. A well permit was duly applied for and the
application was denied by the State Engineer on August 10,
1981, and evidence thereof submitted to1the Court as
required by C.R.S. 1973, 37-92- 302-W.
10. Statements of Opposition were filed by J.E.
DeVilbiss, Leonis P. Chuc and Neva Chuc, and Union Oil
Company of California.
11. By stipulation dated August 12, 1981, the
Statements of Opposition of all objectors were withdrawn,
subject to certain agreed upon terms and conditions which
include the folowing:
"The Applicant shall be permitted to obtain decrees
for two wells and a reservoir, which decrees shall
require that the structures be operated in conformity
with the Plan for Augmentation as specified herein."
2
12. The Plan for Augmentation approved concurrent-
ly herewith in Case 80 CW 107 will, if complied with, insure
that no injury will occur to vested water rights by the
operation of this well.
DECREE
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the
above -entitled application for Underground Water Right is
hereby granted and 0.044 cubic feet per second of time is
hereby awarded conditionally to Snowmass Coal Company Well
No. 2 for domestic, mining, mechanical, industrial and irri-
gation purposes, with an appropriation date of February 1,
1980; provided always that said 0.044 cubic feet of water
per second of time is on the condition that said quantity of
water be applied to a beneficial use within a reasonable
time; subject, however, to all earlier priority rights of
others and to the integration and tabulation by the Division
Engineer of such priorities and changes of rights in
accordance with law, and further subject to the following
conditions:
a. The well shall be operated pursuant
to the terms of this Decree and any requirements that may be
placed in the permit for said well to be issued by the State
Engineer.
b. The well shall he operated in
compliance with the conditions contained in the Plan for
Augmentation decreed concurrently herewith in Case 80CW107.
c. If said well is operated in accordance
with said Plan for Augmentation, approved concurrently here-
with in Case 80CW107, it may be pumped in accordance with
the conditions therein contained and may not be curtailed by
State water officials so long as said conditions are being
fully met.
3
Application for a quadrennial finding of reasonable
diligence shall be filed in August of 1985 and in August of
every fourth calendar year thereafter so long as claimant
desires to maintain this conditional water right or until a
determination has been made that this conditional water
right has become an absolute water right by reason of the
completion of the appropriation.
It is accordingly ORDERED that this Decree shall be
filed with the Water Clerk and shall become effective upon
such filing.
It is further ORDERED that the State Engineer, upon
proper application, issue a well permit to the Snowmass Coal
Company in conformity with the findings, conclusions and
Decree herein contained, and
It is further ORDERED that a copy of this ruling shall
be filed with the appropriate Division Engineer and the
State Engineer.
DONE at the City of Glenwood Springs, Colorado, this
/27day of
1981.
BY THE COURT:
Gain �. Lid- filer
er judge
Water Division No. 5
State of Colorado
4
IN THE DISTRICT COURT IN AND FOR
WATER DIVISION NO. 5
STATE OF COLORADO
Case No. 80 CW 106
IN THE MATTER OF THE )
APPLICATION FOR WATER RIGHTS )
OF THE SNOWMASS COAL COMPANY )
IN THE COLORADO RIVER )
OR ITS TRIBUTARIES )
TRIBUTARY INVOLVED: )
ROARING FORK RIVER )
IN GARFIELD COUNTY )
DECREE
The above -entitled application was filed on May 12,
1980, and was referred to the Water Referee for Water
Division No. 5, State of Colorado, by the Water Judge of
said Court on the 12th day of June, 1980, and was
re-referred to the Water Judge on the 29th day of August,
1980, in accordance with Article 92 of Chapter 37, Colorado
Revised Statutes 1973, known as The Water Right Determina-
tion and Administration Act of 1969. A Pretrial Conference
scheduled for July 1, 1981, was vacated upon motion of the
applicant and concurrence of all parties.
The matter having come on for hearing on August 12,
1981, and the Water Judge having made taken such testimony
and considered such evidence as is necessary to determine
whether or not the statements in the application are true
and having become fully advised with respect to the subject
matter of the application does hereby make the following
findings of fact and conclusions of law, to -wit:
1. The statements in the application are true.
2. The name of the structure is Snowmass Coal
Reservoir.
3. The name and address of the claimant:
Snowmass Coal Company, P.O. Box 980, Carbondale, Colorado.
4. The source of the water for Snowmass Coal
Reservoir is groundwater tributary to the Roaring Fork River
and pumped pursuant to an augmentation plan approved con-
currently herewith in Case 80CW107 from Well No. 25269-F.
5. Snowmass Coal Reservoir is located as follows:
The North corner of said reservoir is located a point whence
the Southwest corner of Section 20, T7S, R88W, 6th P.M.
bears N 88014' W a distance of 2280 feet.
6. The// use of the water is domestic, industrial,
commercial,/and irrigation.
7. The date of initiation of appropriation is
February 1, 1980.
8. The amount of water claimed for the Snowmass
Coal Reservoir is 11.1 acre-feet.
9. Statements of Opposition were filed by J.E.
DeVilbiss, and Leonis P. Chuc and Neva Chuc.
10. By stipulation dated August 12, 1981, the
Statements of Opposition of all objectors were withdrawn,
subject to certain agreed upon terms and conditions which
include the folowing:
"The Applicant shall be permitted to obtain decrees
for two wells and a reservoir, which decrees shall
require that the structures be operated in conformity
with the Plan for Augmentation as specified herein."
11. The Plan for Augmentation approved concurrent-
ly herewith in Case 80 CW 107 will, if complied with, insure
that no injury will occur to vested water rights by the
storage of water in this reservoir.
2
DECREE
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the
above -entitled application for storage right is hereby
granted and the right to store 11.1 acre-feet is hereby
awarded conditionally to Snowmass Coal Reservoir for domes-
tic, mining, mechanical, industrial and irrigation purposes,
with an appropriation date of February 1, 1980; provided
always that said 11.1 acre-feet of storage is on the condi-
tion that said quantity of water be stored and applied to
beneficial use within a reasonable time; subject, however,
to all earlier priority rights of others and to the integra-
tion and tabulation by the Division Engineer of such prior-
ities and changes of rights in accordance with law and
further subject to the following conditions:
a. The reservoir shall be operated in
compliance with the conditions contained in the Plan for
Augmentation decreed concurrently herewith in Case 80CW107.
b. If said reservoir is operated in
accordance with said Plan for Augmentation, approved con-
currently herewith in Case 80CW107, it may operate in
accordance with the conditions therein contained and may not
be prevented from storing or releasing water by State water
officials so long as said conditions are being fully met.
Application for a quadrennial finding of reasonable
diligence shall be filed in August of 1985 and in August of
every fourth calendar year thereafter so long as Claimant
desires to maintain this conditional water right or until a
determination has been made that this conditional water
right has become an absolute water right by reason of the
completion of the appropriation.
3
It is accordingly ORDERED that this Decree shall be
filed with the Water Clerk and shall become effective upon
such filing.
It is further ORDERED that a copy of this ruling shall
be filed with the appropriate Division Engineer and the
State Engineer.
DONE at the City of Glenwood Springs, Colorado, this
)Z may of 11/- C:� , 1981.
BY THE COURT:
Ga in D. Limit �i l ler
Wa er Judge
Water Division No. 5
State of Colorado
4
IN THE DISTRICT COURT IN AND FOR
WATER DIVISION NO. 5
STATE OF COLORADO
Case No. 80 CW 107
IN THE MATTER OF THE )
APPLICATION FOR WATER RIGHTS )
OF THE SNOWMASS COAL COMPANY )
IN THE TRIBUTARIESDO VER 1 �
OR ITS ) DECREE APPROVING
TRIBUTARY INVOLVED: ) PLAN FOR AUGMENTATION
ROARING FORK RIVER ) INCLUDING EXCHANGE
IN GARFIELD COUNTY )
The above -entitled application was filed on May 12,
1980, and was referred to the Water Referee for Water
Division No. 5, State of Colorado, by the Water Judge of
said Court on the 12th day of June, 1980, and was
re-referred to the Water Judge on the 29th day of August,
1980, in accordance with Article 92 of Chapter 37, Colorado
Revised Statutes 1973, known as The Water Right Determina-
tion and Administration Act of 1969. A Pretrial Conference
scheduled for July 1, 1981, was vacated upon motion of the
Applicant and concurrence of all parties.
The matter having come on for hearing on August 12,
1981, and the Water Judge having taken such testimony and
considered such evidence as is necessary to determine
whether or not the statements in the application are true
and having become fully advised with respect to the subject
matter of the application does hereby make the following
findings of fact and conclusions of law,
to -wit:
1.
The statements in the application are true.
2.
Timely and adequate notice of this proceeding
has been given in the manner required by law, and the Water
Judge sitting in this Court has jurisdiction over the
subject matter of these proceedings and over all persons
affected thereby.
3.
Statements of Opposition to the Application
herein were filed by J.E. DeVilbiss, Leonis P. Chuc and Neva
Chuc, James L. Rose, the City of Aspen and Board of County
Commissioners of the County of Pitkin, and Union Oil Company
of California.
4. The Applicant is the owner of the following
decreed water rights which are included in this proceeding:
A total of 3.3 cfs out of the Crane and Pebbles Ditch,
being Priority 113 caa, Water District 38 for 6.4 cfs
as of April 1, 1885, adjudication date of April 6,
1909, and the First Enlargement thereof being Priority
295, Water District 38 for 5.6 cfs as of April 1,
1890, adjudication date of August 25, 1936.
5. The Applicants water rights in the Crane and
Pebbles Ditch together with water rights in the Glenwood
Ditch and the Southard and Cavanaugh Ditch have historically
irrigated over 300 acres of land owned or controlled by the
Applicant.
6.
Of the lands historically irrigated by water
from the Crane and Pebbles Ditch the Applicant has withdrawn
fifteen (15) acres of land from irrigation. The land with-
drawn will not be irrigated in the future because of the
construction thereon of a coal loadout facility, railroad
tracks and appurtenant structures. These lands were with-
drawn from irrigation in the fall of 1980.
7. The per acre consumptive use value assigned to
the fifteen (15) acres withdrawn from irrigation is 1.8
acre-feet of annual consumption per acre withdrawn. The
Applicant is entitled to claim a total of twenty-seven (27)
2
acre-feet of annual consumption under this Plan as the
result of withdrawing the fifteen (15) acres from
irrigation.
8. Pursuant to its proposed Plan for Augmenta-
tion, including exchange, the Applicant seeks a decree
modifying its water rights in the Crane and Pebbles Ditch so
that the Applicant will be permited to:
a. Change the use of its water rights in
the Crane and Pebbles Ditch to irrigation, domestic,
industrial, mechanical and mining as alternative uses in
connection with its coal loadout facility;
b. Divert its water rights in the Crane
and Pebbles Ditch, and when in priority, its rights decreed
concurrently herewith in the Snowmass Coal Reservoir and
Snowmass Coal Company Wells 1 and 2, through the Snowmass
Coal Company Wells 1 and 2 for:
1) Storage in the Snowmass Coal
Reservoir;
2) Release to the Roaring Fork
River to augment out -of -priority diversions through Snowmass
Coal Company Wells 1 and 2;
3) Direct use in connection with
the Applicant's Coal Loadout Facility; and
c. Store water, to the extent of historic
consumptive use in the Snowmass Coal Reservoir.
9. The ultimate water requirements for the
Applicant's Coal Loadout Facility will be 20.38 acre-feet
annually of which 18.04 acre-feet will be consumptively
used.
a. The annual consumption in summer
months from the operation of this Plan will be 13.52 acre-
feet which will be replaced when required by foregoing
diversions in the Crane and Pebbles Ditch.
3
b. The annual consumption in winter
months from the operation of this Plan will be 4.52 acre-
feet which will be replaced when required by releases from
the Snowmass Coal Reservoir.
10. The Applicant proposes that during the summer
months of each year when the Augmentation Plan is in opera-
tion and out of priority diversions are occurring, the
Applicant will be obligated to forego the diversion and use
of sufficient water from the Crane and Pebbles Ditch to
augment the river to the full amount of the consumption
resulting from its loadout operations; such augmentation
requirement will not exceed a total of 20 acre-feet
annually. The Applicant may elect to forego diversions in
the Crane and Pebbles Ditch of 0.026 cfs (12 gpm) over the
entire summer in fulfillment of this requirement.
11. The Applicant proposes that during winter
months when this Plan is in operation and out-of-priority
diversions are occurring, the Applicant will be obligated to
provide augmentation water to the river from the Snowmass
Coal Reservoir to the full amount of the consumption result-
ing from its loadout operations. The augmentation that can
be required of the Applicant cannot exceed 4.52 acre-feet in
any annual winter period.
12. The Applicant's proposal results in the aug-
mentation of the river by seven (7) acre-feet annually over
the Applicant's total consumption. This amount shall be
dedicated to the Applicant for the benefit and protection of
the river and as such is considered as being beneficially
used and not abandoned and said seven (7) acre-feet may be
utilized for further or additional uses by the Applicant,
including augmentation, upon proper application to the
Court.
4
13. The Applicant has withdrawn any claim to and
disavows any intent to claim the use of water stored in
Reudi Reservoir as the result of this Plan.
14. The Applicant has withdrawn any claim to
utilize and does not rely upon any water rights which it
owns in the Southard and Cavanaugh Ditch for purposes of
this Plan.
15. The Plan for Augmentation, including exchange,
proposed herein by the Applicant is one contemplated by law,
and if administered in accordance with the conditions pro-
posed in these findings will not cause material injury to
any vested or decreed conditional water rights in the
Colorado River or its tributaries.
16. The State Engineer may lawfully be required to
administer the Plan for Augmentation, including exchange,
proposed herein in accordance with the terms of this Decree,
to issue permits for the construction of the wells contem-
plated herein, and in times of shortage not to curtail
diversions
conditions
17.
Statements
subject to
determined
through said wells or otherwise so long as the
set forth herein are complied with.
By stipulation dated August 12, 1981, the
of Opposition of all objectors were withdrawn
the imposition of the terms and conditions herein
DECREE
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:
1. The Plan for Augmentation, including exchange,
proposed herein is hereby approved.
2. In order that Applicant's
Crane and Pebbles Ditch as described in
water rights in the
paragraph 4 of the
Findings may be used to supplement and augment the water
5
supply for the Applicant's Coal Loadout Facility, said water
rights are hereby modified so that the Applicant shall be
permitted to:
a. Change the use of said water rights to
domestic, mining, mechanical, industrial and irrigation.
b. Divert said water rights through the
Snowmass Coal Company Wells 1 and 2 as alternate points of
diversion.
c. Store said water rights in the
Snowmass Coal Reservoir, with the right to fill and refill
said Reservoir continuously with said water.
d. Provide augmentation for the Snowmass
Coal Company Wells 1 and 2 so that diversions through said
wells shall not be curtailed in times of shortage so long as
said Plan for Augmentation is administered in accordance
with the terms of this Decree.
3. The State Engineer, the Division Engineer for
Water Division No. 5 and their representatives shall admin-
ister the Plan for Augmentation, including exchange,
approved herein according to the following conditions:
a. Snowmass Coal Company Wells 1 and 2
may divert when they are in priority without augmentation
under this Plan.
b. Snowmass Coal Company Wells 1 and 2
may divert when they are not in priority when:
1) The Crane and Pebbles Ditch
water rights are in priority and diversions into said Ditch
are being foregone in the amount of the well diversions; or
2) Water is being released from
Snowmass Coal Reservoir to the river in the amount of the
well diversions.
6
c. Snowmass Coal Reservoir is entitled to
fill and refill continuously when the conditions in para-
graphs 3(b)(1) or (2) are met.
d. The maximum amount of water that the
Applicant can be required to release in any year is twenty
(20) acre-feet; of said twenty (20) acre-feet no more than
4.52 acre-feet may be required to be released in the winter
months.
e. During the summer months, when
Snowmass Coal Company Wells 1 and 2 are not in priority, the
Applicant shall be limited to a maximum diversion rate of 50
gallons per minute, and during winter months, when Snowmass
Coal Company Wells 1 and 2 are not in priority, said diver-
sions shall be limited to 15 gallons per minute.
4. An annual report showing total water diverted
through Snowmass Coal Company Wells 1 and 2 and total water
released purusant to the terms of this Plan for Augmenta-
tion, including exchange, on a month -by -month basis shall be
submitted to the Division Engineer upon his request.
5. The Applicant is granted concurrently herewith
its requested Decrees for Snowmass Coal Company Well No. 1
(80CW104); Snowmass Coal Company Well No. 2 (80CW105); and
Snowmass Coal Reservoir (80CW106).
6. It is hereby decreed that pursuant to the
imposition of the conditions set forth herein, the operation
of the Plan for Augmentation, including exchange, approved
herein will not cause material injury to the owners or users
of vested water rights or decreed conditional water rights
in the Colorado River or its tributaries.
7. The State Engineer in processing applications
for permits to construct a well or wells as described herein
and to utilize water therefrom shall recognize the existence
of the Plan for Augmentation, including exchange, approved
7
herein and shall not deny permits for such well(s). Nor
shall the Division Engineer for Water Division No. 5, or his
representatives, seek to curtail diversions through such
wells in times of shortage so long as the terms of this
Decree are adhered to.
DONE at the City of Glenwood Springs, Colorado, this
--day of �� , 1981.
BY THE COURT:
8
Gav1 ` D. Litwi\er
Wate Judge
Wate Division No.
State of Colorado
5
October 1, 1980
STATE OF COLORADO RICHARD D.
DEPARTMENT OF NATURAL RESOURCES
Harris D. Sherman, Executive Director
.n. Governor
MINED LAND RECLAMATION
423 Centennial Building, 1313 Sherman Street
Denver, Colorado 80203 Tel. (303) 839-3567
I$
GARMD 40. 4W
David C. Shelton
Director
Mr. Ray Baldwin
Garfield County Planning Dept.
2014 Blake Avenue
Glenwood Springs, Colorado 81601
RE: Snowmass Coal Company Permit - Our File No. 77-313
Dear Mr. Baldwin:
Enclosed is a copy of the Snowmass Coal Company permit
and permit ammendment which you requested.
If I can be of further assistance to you please give
me a call.
Sincerely,
Jim Herron
Reclamation Specialist
JH : mab
Enclosure
MINED LAND RECLAMATION BOARD
Department of Natural Resour
1313 Sherman Street, Room 723 Telephone: 839-3567
Denver, Colorado 80203
DEVELOPMENT AND EXTRACTION MINING PERMIT
THIS PERMIT is issued this 2nd day of July, 1979 by the Mined Land
Reclamation Board, Department of Natural Resources, State of Colorado.
W ITN E S S ETH :
WHEREAS, Snowmass Coal Co. desires to conduct a(n) underground mining
operation, known as North Thompson Co. Mines, for the purpose of extracting underground
mined coal and
WHEREAS,' on October 7 ,
1977 , Anshutz (=Snowmass Coal Co.) "FILED" an
application,a reclamation plan and map, and the required fee, as required by law; and
WHEREAS, on January 26 , 1978 , the Mined Land Reclamation Board approved
Anshutz (=Snowmass) Coal Co. application and set bond; and
' WHEREAS, on July 2 , 1979 , the Mined Land Reclamation. Board accepted
surety submitted by Snowmass Coal Co. and such date shall be considered the
date of issuance of the permit and the anniversary date for all other purposes; and
WHEREAS, the Mined Land Reclamation Board has made a finding, for the purposes
of issuing this permit, that:
1) the application complies with the requirements of the Colorado
Mined Land Reclamation Act and all applicable local, state and
Federal laws; and,
the operation will not adversely affect the stability of any
significant, valuable, and permanent man-made structures located
within two hundred feet of the affected land, except where there
is an agreement between the operator and the persons having an
interest in the structure that damage to the structure is to be
compensated for by the operator; and,
3) the proposed mining operations and reclamation can be carried out
in conformance with the requirements of C.R.S. 1973, 34-32-116, as
amended (1976 Sess. Laws H.B. 1065); and
WHEREAS, for the purposes of issuing this permit, the operator has made a
satisfactory showing to the Board that he will employ during and after his
underground mining operations procedures reasonably designed to minimize
as much as practicable the disruption from the underground mining operations
and will provide for the rehabilitation of the affected land through the rehabilitation
of plant cover, soil stability, water resources, and other measures appropriate to the
subsequent beneficial use of such mined and reclaimed lands; and that in the event
of the failure of his proposed reclamation plan, he will take whatever measures which
may be necessaryin order to assure the success of reclamation of the lands affected
by his underground mining operations; and,
WHEREAS, for the purposes of issuing this permit, a copy of the application
approved by the Mined :'sand Reclamation Board of the State of Colorado is attached
to this permit and thereby becomes a part )f the terms hereof.
NOW, THEREFORE, pursuant to the authority set forth in the Colorado Mined
Land Reclamation Act, Article 32 of Title 34, C.R.S. 1973, as amended, (1976
Sess. Laws H.B,. 1065) the Mined Land Reclamation Board of the State of Colorado
hereby issues a life of the mine permit to Snowmass Coal Co. to engage
in underground mining for the purpose of extracting underground
mined coal on the following parcel of ground, to wit:
Several small unsurveyed tracts in TW 8 S, Rng 89 W of the 6 PM, Pitkin County,
State of Colorado, in the following legal subdivisions:
Sec 34+: 15E4 NE4; El S4 SW1. NE4; NI NE4 NW4 SE4; W/ NW4 NE4 SE4.',Sec 35:
E3 NWi; SW4 NW -,NW NW4; SW4,NE4,.
+rr
=2 -
Permit No.77-313
as indicated in Exhibit(s) A&C of the permit file, subject to the following
special conditions:
1. During the course of mining operations, Snowmass Coal Co.
shall not allow the total disturbed acreage to exceed 45.7 acres,
2. Snowmass Coal Company agrees to be bound by all Rules and Regulations
of the Mined Land Reclamation'Board, and by all provisions of the 1976 Mined
Land Reclamation Act, in compliance with each and every provision thereof,
as an express condition of this permit.
This permit is issued subject to all requirements of the Colorado Mined Land
Reclamation Act and all rules,regulations and standards now in force and any
whrh may in the future be promulgated by the Mined Land Reclamation Board, and
this permit may be revoked or suspended for noncompliance with the Act and/or
such rules, regulations and standards.
Dated at Denver this
day of ,197 .
w -:JD RECLAMATION BOARD
STATE OF COLORADO
Roy Romer, Governor
DEPARTMENT OF NATURAL RESOURCES
MINED LAND RECLAMATION DIVISION
FRED R. BANTA, Director trmThvn; l ,
October 7, 1988
Garfield County Commissioners
Courthouse
109 - 8th Street
Glenwood Springs, Colorado 81601
OCT 1 1 1988
COUNTY COMISSIONER5
RE: Snowmass Coal Mine Permit Renewal - Permit C-81-025
Dear Sirs:
Pursuant to Rule 2.08.5(3)(d) of the regulations of the Colorado Mined Land
Reclamation Board for Coal Mining, you are hereby notified of the Division's
proposed decision to renew Snowmass Coal Company's valid, existing coal mining
and reclamation permit. The reclaimed Snowmass mine is located in Sections 34
and 35, T8S, R89W, 6th PM and in Section 20 and 29, T7S, R88W, 6th PM in
Pitkin and Garfield Counties respectively.
Snowmass obtained its original five year permit on August 15, 1983. The
permit was scheduled to expire on August 15, 1988 unless an application for
renewal was submitted. Snowmass did submit this application, and upon review
the Division is proposing to renew the permit for another five year term.
The proposed decision will be published as soon as possible in the Northwest
Glenwood Post once per week for two consecutive weeks. There is a thirty day
comment period following the first publication. If no requests for formal
hearing in accordance with rule 2.07.4(3) are received during this period, the
Division's decision becomes final.
If you have any questions, please contact me.
Sincerely,
Oil
Candace M. Thompson
Hydrologist
CMT/ sc g
0683E
r i( f
\i
NOVN'
O/ 1 1988
j [ y
215 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. (303) 866-3567
SNOWMASS COAL COMPANY
P.O. Box 1354
Palisade, Colorado 81526
(303) 464-7951
November 10, 1987
Garfield County Planning Commission
Court House
109 8th Street
Glenwood Springs, CO 81601
0K -A0-7
NOV 13 1987 1
GARFIELD COUNTY
Gentlemen:
Snowmass Coal Company notified Colorado Mined Land Reclamation Division August
15, 1986 of its intent to go into permanent cessation and begin reclamation
of the North Thompson Creek Mine Site and the Carbondale Loadout Site. Since
that date, the portals of the North Thompson Creek No. 1 and No. 3 Mines
have been sealed and backfilled, surface facilities at the mine site and
loadout site have been removed and the disturbed areas have been re-contoured.
This work has been done in accordance with plans approved by Colorado Mined
Land Reclamation Division in Permit To Conduct Mining No. C-025-81. Seeding
and mulching is underway at the mine site and part of the loadout and is
scheduled for completion by mid November 1987. The remaining seeding at;
the loadout will be done in the spring of 1988.
One provision of Colorado Mined Land Reclamation Division's Rules is that
the mine must be bonded for the estimated reclamation cost. Now that the
majority of reclamation is complete, Snowmass Coal Company has formerly requested
a partial bond release from the Colorado Mined Land Reclamation Division.
We are presently bonded for $1,750,000 and have requested that the bond be
reduced to $300,000. In accordance with the Divisions Rule 3.03.2(1), we
are required to send written notice of our request to reduce the bond to
adjacent land owners and various local governing bodies. As a local governing
body, you are hereby being notified.
The area for which partial bond release is being requested is at the North
Thompson Creek Mine Site and the Carbondale loadout site. The mine is located
approximately 8 miles south west of Carbondale, Colorado, in the S1/2 NE1/4,
Section 34 and the NW1/4, W1/2 NE1/4, Section 35, T.8S., R.89W., 6th P.M.
The loadout is located approximately 2 miles north west of Carbondale in
lots 10, 11, 12 and 16, Section 20 and lots 2, 3, 4, 6 and 7, Section 29,
T.7S., R.88W., 6th P.M. The loadout site also includes a haulroad starting
approximately 2 milesSections 29,
r30and 32,T7S,R.88W,
west of Carbondale and
Secions
6, T.8S.,
R.88W., 6th P.M. an
SNOWMASS COAL COMPANY
743 Horizon Court, #205
Grand Junction, Colorado 81506
February 7, 1990
Minrec, Inc.
773 Valley Court
Grand Junction, Colorado 81505
Dear Sirs:
Pursuant to the Transfer Agreement effective October 31,
1989, between Minrec, Inc., Snowmass Coal Company and other
parties, Snowmass hereby transfers to Minrec all of its right,
title, interest and obligations under the Special Use Permit
issued pursuant to Resolution No. 80-62 by the County 12,
Commissioners of Garfield County, Colorado, on or about
t0May
1980, as amended by Resolution No. 80-83 on May 21,
Snowmass is notifying you of the terms of the Permit by
attaching a complete copy of it, with amendments, to this
letter.
By signing in the approval block below, Minrec, Inc.
hereby agrees to assume and be solely responsible for all
obligations and liabilities under the Permit in place of
Snowmass Coal Company.
APPROVED AND ACCEPTED:
By:
c,W,/
Stan E. Muhr
President
Minrec, Inc.
Sincerely yours,
SNOWMASS COAL COMPANY, a Colorado
general partnership
By: WESTERN ASSOCIATED ENERGY CORP.,
Managing General Partner of
Snowmass Coal Company
By:
cc: Garfield County Commissioners
Hancock, President
6
6 1990
CNUNTY COMM1SS1n
EtiS
SNOWMASS COAL COMPANY
Snowmass Coal Company
743 Horizon Court, Suite 205
Grand Junction, CO 81506
February 15, 1990
Garfield County Commissioners
109 8th Street
Glenwood Springs, CO 81601
FF
Re:
Assignment of Rights;
Special Use Permit;
Resolution Nos. 80-62 & 80-83
Dear Commissioners:
g0
This letter is to inform you that Snowmass Coal Company trans-
ferred its rights and obligations under the referenced special
use permit to MINREC, INC. on February 7, 1990. Enclosed is a
copy of the letter agreement which formalized the transfer.
Please direct future correspondence regarding the Special Use
Permit to:
JIM STOVER
MINREC, INC.
743 HORIZON COURT, SUITE 205
GRAND JUNCTION, CO. 81506
TELEPHONE (303) 245-4101
Sincerely,
//Jim Stover, P.E.
Chief Engineer
cc: R. L. Fanyo
J. E. STOVER & ASSOCIATES, INC.
P.O. BOX 60340
GRAND JUNCTION, COLORADO 81506
PHONE: (970) 245-4101, FAX 242-7908
jestover a(�bresnan.net
MINE ENGINEERING
MINE RECLAMATION
October 5, 2006
Garfield County Planning Department
109 8th Street
Glenwood Springs, CO 81601
CIVIL ENGINEERING
CONST. MANAGEMENT
1
OCT 0 9 2.1303
Dear People:
Minrec, Inc., is the successor in interest to Snowmass Coal Company's responsibilities under
Division of Reclamation, Mining & Safety, Permit No. C-1981-025. The major portion of the
reclamation work was performed during 1986 and 1987. Some ponds were reclaimed during
1994 and the No. 1 Mine Portal area was contoured and seeded late in 1998.
One provision of the Division of Reclamation, Mining & Safety's Rules is that the mine must be
bonded for the estimated reclamation cost. The Division of Reclamation, Mining & Safety
released a portion of the bond in 1988 after backfilling and grading of the site was complete.
Another portion of the bond was released during 2003 after completion of all reclamation
operations on 58.9 acres of the remaining 63.2 disturbed-area/affected-area acres within the
permit. Minrec, Inc., has formerly requested a final bond release from the Division of
Reclamation, Mining & Safety. Minrec, Inc., has a bond of $100,000 and has requested the
entire bond be released. In accordance with the Division's Rule 3.03.2(1), Minrec, Inc., is
required to send written notice of its bond release request to adjacent land owners, surface
owners and various local governing bodies.
The areas for which bond release are being requested are the permit areas overlying the
underground coal mine workings and the loadout, the four water monitoring flume bases, two
water -monitoring piezometers and the 4.1 acre developed water resources area. The North
Thompson Creek mines_are located approximately 9.5 miles from the bridge across the Crystal
River up County Road 108, (North Thompson Creek Road) in Pitkin County and the loadout is
located along County Road 109 approximately 2 miles north of the intersection of County Roads
108 and 109 in Garfield County.
Sincerely,
J. E. Stover, P.E.
Consulting Engineer