REGION 8 TRANSMITTED THIS PRE-REFERRAL LITIGATION REPORT TO DOJ ON MARCH 7, 1995. THIS REPORT REQUESTS THAT DOJ ASSIST US WITH RD/RA NEGOTIATIONS TO IMPLEMENT THE ROD SIGNED BY BILL YELLOWTAIL ON 9/29/94. THE ROD PROVIDES FOR CONTROL OF THE RISING CONTAMINATED MINE WATERS IN THE BERKELEY PIT IN BUTTE, MT. THROUGH DIVERSION OF WATERS FLOWING INTO THE PIT AND THROUGH PUMPING AND TREATMENT OF WATERS ALREADY IN THE PIT. WATER IN THE PIT IS TO BE KEPT BELOW THE CRITICAL WATER LEVEL, 50 FEET(OUR SAFETY FACTOR) BELOW THE LEVEL AT WHICH IT BEGINS TO CONTAMINATE THE ALLUVIAL AQUIFER AND SILVER BOW CREEK. ALTHOUGH DIVERSION WIL BEGIN IMMEDIATELY, THE PIT WATER LEVEL WILL CONTTNUE TO RISE AND WILL REACH THE CRITICAL WATER LEVEL IN APPROXIMATELY 2020.