2017-05-01_INSPECTION - M1982112

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Revision TR-01. Water for the mine has been permitted by the State Engineer under a substitute water supply plan for hell Permit No. 35808-F. The site of the Miller Pit is in an 80 acre parcel in the tit: 1/4 Section 28, Township 6 South, Range 64 West, 6th P.M., Elbert County, Colorado. Applicant also engag.:s in agricultural use of land in the Sri 1/4 of Section 28, Township 6 South, Range 64 West of the 6th P.M., in Elbert County, Colorado. .he source of the replacement water to be used by the Applicant is obtained by Applicant pursuant to a fifteen year eonrrat-t with the iowr. of Elizabeth, Colorado, to purc:.ase the wastewater effluent fron the t,wn treatment facility Ila_eraioafter zefarr _±&._as the!a Qvable. augaenWjon atu=°) . The source of the water which passes through thQ Town of Elizabeth wastewater treatment facility is presently from two decreed nontributary wells, the first being an Arapahoe forration nontributary well known as "Ihe Town of Elizabeth Bishop Well A", Well Permit No. 16210-F decreed in Water Division 11, Case No. 81CW122 for an appropriation of 150 acre-feet per year. The second well is a Lower Dawson forration nontributary well known as "The Town of Elizabeth Well DA-15617-F" decreed in Dirisicn fl, Case No. 81CW123 for an annual appropriation of 50 acre-feet. ine Court takes notice of the fact that the Town of Elizabeth has drilled a third nontributary well (Well Pezr.it No. 444`_.i-F, Case No. 94CtTi10) to the Arapahoe Formation which .ill provide an additional source of nontributary water which Applicant will be required to purchase pursuant to "Exhibit A" attached to the Application. The Court finds that the Miller Pit has been operated since October 12, 1989 pursuant to a substitute water supply plan put in place with the Office of the state Engineer using the purchased effluent from the Town of Elizabeth. As part of the requirement of the substitute water supply plan, Applicant has installed devices to r_easure the discharge of effluent from the wastewater treatr.ent plant. As a result of the measure7rent, Applicant(s) have determined that the present annual yield is 84 acre feet per year. For the purposes of this Decree, the Court finds that 84 acre feet per year ninir•,T- of nontributary water is available in the initial year from the Town of Elizabeth wastewater treatrent facility for the purpose of augmentation of the gravel reining ar.d agricultural uses. It is noted by the Applicant and the Court that Elbert County, Colorado, is one of the fastest growing co-unties along 2