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WILLIAMS,TURNER&HOLMES,P.C. <br /> ATTORNEYS At LAW <br /> ANTHONY W WILLIAMS COURTHOUSE PLACE BUILDING-200 N.6th STREET SILMON SMITH(1886-1964) <br /> BERNOT C.HOLMES MAILING ADDRESS-P.O.BOX 338 CHARLES HOLMES(1897 1967) <br /> J.D.SNODGRASS GRAND JUNCTIQN,COLORADO 131502 <br /> WILLIAM D.PRAKKEN FAX-(303)241-3026 <br /> DONALD E.JORDAN TELEPHONE:(303)242-6262 <br /> DAVID J.TURNER OF COUNSEL <br /> MARK A HERMuNDSTAD <br /> SUSAN M.CORLE WARREN L TURNER <br /> JOHN P.GORMLEY BERNARD A.BUESCHER <br /> THOMAS C-VOLKMANN ``FF <br /> GEOFFREYR NIMS July 1, 1992 Cj � m <br /> 01 <br /> Sandy Johnson Vag. <br /> Office of the state Engineer <br /> Division of water RBSOurC88 p�!►'1M. WWI <br /> 1313 Sherman Street, Room 818 c " <br /> Denver, Cc 80203 <br /> Re: Statement of Beneficial Use, Well Permit No. 38095-F <br /> Dear Ms. Johnson: <br /> We are the attorneys for A&G Partnership, the holder of the <br /> Well Permit referenced above. I have tried calling several times, <br /> but you have not returned my phone calls. Accordingly, I thought <br /> it advisable to send this letter to you. <br /> By letter dated May 4, 1992, you stated that additional <br /> information was needed in order to process the Statement of <br /> Beneficial Use that we had previously sent to you. You apparently <br /> relied on the Rules for water well construction and Pump <br /> Installation, 2CCR402-2, as the basis for your request. I have <br /> reviewed those Rules. Rule 3.2 states that the Rules do not apply <br /> to excavations made for the purpose of obtaining or prospecting for <br /> minerals. This Rule is apparently based upon the applicable <br /> statute, 637-91-102(16) , C.R.S. , which states that a well, for <br /> purposes of Article 91, of Title 37, C.R.S. , does not .include an <br /> excavation made for the purpose of obtaining or prospecting for <br /> minerals. <br /> The well at issue in this case is a gravel pit. The gravel <br /> pit was excavated for the purpose of obtaining minerals (i.e. , sand <br /> and gravel) . Accordingly, the provisions of the Water Well <br /> construction and Pump Installation Rules, and of Article 91 of <br /> Title 37, C.R.S. , do not appear to apply to my client's gravel pit. <br /> Furthermore, the Well Permit Application that we filed <br /> indicated that the pump or pumps that A&G Partnership would be <br /> using were temporary, and that they would not be permanently <br /> installed. My understanding is that the pumps can be moved from <br /> place to place, as needed. The form you oubmitted to us appears to <br /> apply to permanent pumps, rather than temporary pumps. <br />