DRC-2017-003524 - 0901a068806fcb0d

State of Utah
GARY R. HERBERT Governor SPENCER J. COX
Lieutenant Governor
Department of
Environmental Quality
Alan Matheson Executive Director DIVISION OF WASTE MANAGEMENT AND RADIATION CONTROL Scott T. Anderson Director

May 23, 2017

Sarah Fields, Program Director
Uranium Watch
P.O. Box 344
Moab, Utah 84532
RE: Response to letters dated May 1, 3, and 16, 2017, regarding mine water from the Canyon Mine
being transported to the White Mesa Uranium Mill

Dear Ms. Fields:
The Division of Waste Management and Radiation Control has completed its review of your letters
dated May 1, 3, and 16, 2017. Based on the information provided in your letters and other information
provided by Energy Fuels Resources, Inc. (EFRI) relating to this matter, the Division has concluded that
there are no regulatory compliance issues within the Division’s jurisdiction relating to mine water being transported to the White Mesa Uranium Mill (Mill) from EFRI’s Arizona mine. This conclusion is
based on the following:

1. The Division has no jurisdiction to regulate uranium ore and related materials, including mine
water; 2. The Division has no jurisdiction to regulate water right issues under Utah law;
3. The Division has no jurisdiction to regulate Arizona water rights law, including (in particular)
any alleged violations of the same;
4. EFRI owns the water that is being transported to the Mill, which EFRI also owns and operates;
and 5. The water is being used in the Mill as part of the process solution. As a result, the imported
water from the mine is no different, from a regulatory standpoint, than water from other sources
that EFRI may use for its process solution at the Mill. This is an internal business matter for
EFRI.
(Over)
DRC-2017-003524 195 North 1950 West • Salt Lake City, UT Mailing Address: P.O. Box 144880 • Salt Lake City, UT 84114-4880
Telephone [phone] • Fax [phone] • T.D.D. [phone] www.deq.utah.gov Printed on 100% recycled paper

Based on your letters, it appears you have notified the appropriate Arizona officials regarding the
alleged violation of Arizona law relating to water rights. This avenue appears to afford an appropriate
remedy for the alleged violation of Arizona law.
If you have any questions, please call Ryan Johnson at [phone].

Sincerely,

Scott T. Anderson, Director
Division of Waste Management and Radiation Control
STA/RMJ/ka

c: Kirk Benge, Health Officer/Environmental Health Director, San Juan County Health Department
Rick Meyer, Environmental Health Director, San Juan County Health Department
Scott Hacking, P.E., DEQ District Engineer Bret Randall, Utah Attorney General’s Office