WSP07855

• File Number: 8200.765
• Description: Little Snake River General
• State: CO
• Basin: Yampa/White
• Water Division: 6
• Date: 8/23/1990
• Author: Western Water Consul
• Title: Draft Appraisal of P and M Conditional Water Rights for Three Forks Reservoir Project - Little Snake River Basin
• Water Supply Pro - Doc Type: Report/Study

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THE STATE "', '~-:'J} .' OF WYOMING
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MIKE SULLIVAN
GOVERNOR

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GORDON W, FASSETT
STATE ENGINEER

HERSCHLER BUILDING

CHEVENNE, WYOMING B2002

May 1, 1990

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H - 4 1990

Fred v. witaschek
Pittsburg & Midway Coal Mining Co
6400 South Fiddler's Green Circle
Englewood, CO 80111

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RE: Three Forks Reservoir,
Permit No 7619 Res.

Dear Mr. witaschek:

Your request for extension of time, dated December 18, 1989,
has been reviewed, along with a report of the same title, dated
December, 1989.

The times of commencement and completion of construction have
been extended to December 31, 1991.

We remind you that under Wyoming water law a permit is granted
to divert or store water for a specified beneficial use. See
especially Wyoming Statutes 41-4-504 and 41-4-506, first sentence,
"Whenever the State Engineer places hi's endorsement of approval on
any application for a water permit, he shall require that actual
construction work be commenced within the time set by him in the
permit and he shall require that construction be completed within
the time set by him in the permit." The information in your
request for extension of time materials gives little indication
that you have been diligently pursuing geotechnical testing, land
acquisition, hydrologic design, engineering design, locating
specific industrial water use, construction drawings and
specifications, environmental assessments, federal permits, or
other such work which indicates diligent pursuit of the specific
permitted project.

A great deal of explanation in your SUbmitted materials
related to "ancillary" diligence, to conversion of water under this
permit to instream flow, or to transferring this permit to Savery
Creek to the proposed WWDC Sandstone Reservoir site. The concept
of "ancillary" diligence is not included in Wyoming water law;
diligence relates only to constructing the works and putting water
to the beneficial uses specified in each permit. Encouraging this