Water for Mining and Milling Operations-part I

Publication year1984
Pages240
CitationVol. 13 No. 2 Pg. 240
13 Colo.Law. 240
Colorado Lawyer
1984.

1984, February, Pg. 240. Water for Mining and Milling Operations-Part I




240


Vol. 13, No. 2, Pg. 240

Water for Mining and Milling Operations---Part I

by John R. Henderson

Competition for limited supplies of water, both surface and subsurface, has become the definitive hallmark of Colorado water law. For the miner, there is no small irony in his participation in the appropriation system which saw its origins in the gold fields well over a century ago. Whereas mine drainage and the disposal of unwanted mine water was once a predominant concern,(fn1) the modern-day miner is now faced with the problem of water acquisition as one of the key variables affecting his operations, particularly where relatively large volumes of water are required for milling or other processing operations.

The problem of water acquisition can play a role in determining the location of important facilities, resultant transportation and energy costs and, ultimately, a "go" or "no-go" decision. In addition, agencies involved in key permitting decisions are giving increasing emphasis to considerations of water supply and its resultant impacts.

This two-part article focuses upon a number of key issues which should be recognized in planning even a small-sized mining operation with limited water needs.


Evaluating the Need

The first step in evaluating the need for project water is essentially technical in nature. An estimate should be prepared of the need for water both in the mine and in milling or processing activities. The estimate should take into consideration the total annual quantity required, the requisite rate of flow, and the likely consumptive usage of water.(fn2) The timing of these needs, and of the consumptive usage, is critical. The involvement of counsel at this stage may be helpful, particularly where counsel will be directly concerned with water acquisition.

All too often, water counsel are consulted only after key decisions have been made. In some instances, the consumptive usage of water has been given no consideration, even though it is a key variable from the legal standpoint. Because of the time lag involved in any water acquisition project, including potential water court delays, early involvement and integration of the legal and engineering team is of major importance.

In evaluating water needs, water saving alternatives, including recycling, should be considered. Although at first glance such alternatives may appear economically undesirable, the legal climate and available physical supplies of water may render them attractive. In some instances, water acquisition costs and time delays may swing the balance toward consideration of existing milling facilities or toward relocation of the milling-processing operation.


Physical Supply

Before any discussion of water acquisition can begin, a picture needs to be developed of what water there is to acquire. Although local supplies are the primary constraint, expert legal and engineering consultants may be able to suggest potential sources for delivery or exchange which would not be readily apparent upon first glance. If the water is just not there, and no economic method of delivery is available, major alterations may have to be made in the placement of project components.


Streams and Reservoirs:

An evaluation must be made of stream-flow data for all potential sources of supply. Reliance upon average data may be misplaced, since seasonal or dry year variations may threaten the viability of the project. At the very least, such an analysis may indicate that the construction of storage facilities is necessary or that a backup system utilizing more reliable sources must be constructed.

The existence of reservoirs on the target stream system could be very important. Although downstream reservoirs particularly are competitors for available water, existing reservoirs may be ideal targets for acquiring a source of direct supply, the acquisition of augmentation water(fn3) and potentially as an alternative for construction of additional storage space. With many private irrigation companies now hard pressed for funds for necessary reservoir improvements, the possibility of a cooperative agreement between the miner and the operator may present an alternative that is...

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