1999-01-09_PERMIT FILE - M2002004

Home Browse Search

Memo to PCPC Re: SUP No. 1999-002 June 9, 1999 Page 4 A review of the records in the State Engineer's Office has disclosed that there are existing wells or other water rights withdrawing ground water from the aquifer underlying the land claimed by the applicant. The well permit numbers, rates of withdrawal, and other relevant data concerning such rights are set forth in Exhibit B. To prevent material injury to such vested water rights, the quantity of water underlying the land claimed by the applicant which is considered available for withdrawal has been reduced to 93.3 acre-feet. The Cheyenne Aquifer has been determined to be non-tributary to the Arkansas River. Therefor, withdrawal of groundwater from the Cheyenne Aquifer underlying the applicant's land in Sections 22, 27, and 28, T22S, R65W will not, within 100 years, deplete the flow of a natural stream at an annual rate greater than one-tenth of one percent of the annual rate of withdrawal. The Colorado State Board of Land Commissioners, through its agent Robert Clift, Pueblo District Manager, identifies 1480 acres of ownership by the State of Colorado of lands within Sections 22, 27, and 28, T22S, R65W within Pueblo County. The District Manager indicates that ground water being sought to be withdrawn from the Cheyenne aquifer underlying the above described lands has not been conveyed or reserved to another, nor has consent been given to its withdrawal by another. This Non-tributary Groundwater Land Ownership Statement is signed 11/13/1997. The applicant indicates in supplemental materials submitted June 1, 1999, that an alternative supply of up to 150 acre-feet per year is available from the City of Pueblo, and other sources. The applicant anticipates the deep wells being drilled and completed in the 4" quarter of 1999. The applicant has submitted proof of water supplies that are less than the volume of water the applicant indicates will be necessary to serve the facility at full operational capacity. The Office of the State Engineer, Water Division 2 comments, dated 6/8/99, are attached as Exhibit 5. The Division's comments express concerns over the Board of Water Works commitment to provide supplemental water without documentation as to this commitment. The Division also expresses concerns over the use of water collected in the erosion impoundments. Water in these impoundments is subject to the priority system and not available to use unless it was obtained in priority. The applicant will need to have approved well permits for the proposed sites and should submit a Proposed Water Needs Plan along with their mining permit application. The Division or Water Resources will review the overall plan after the applicant submits their Mining Permit to the Division of Minerals and Geology.