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Star Water Resources, Pre-81 Evaluation <br /> September 3, 2019 <br /> Page 2 of 2 <br /> The East Lake exposes groundwater to the atmosphere that is tributary to the South Platte River and as <br /> such is classified as a well and is subject to all applicable rules, regulations and statutes governing the <br /> withdrawal and use of water in the South Platte River System. Colorado Revised Statutes ("C.R.S.") <br /> prohibit the State Engineer from allowing the operation of a well that causes out-of-priority depletions <br /> unless the well is operated in accordance with a plan for augmentation approved by the water judge, or <br /> in accordance with a Substitute Water Supply Plan (SWSP) approved by the State Engineer (see <br /> § 37-92-308(1)(c)(III), C.R.S.). Evaporation of exposed groundwater within the Pre-81 East Lake will cause <br /> depletions to the South Platte River; however, pursuant to § 37-90-137(11)(b), C.R.S., and 2009CW49, a <br /> gravel pit operator or property owner does not need to replace depletions that occur due to evaporation <br /> from groundwater exposed prior to January 1, 1981 ("pre-81") as a result of open mining of sand and <br /> gravel, regardless of whether mining continued after December 31, 1980. Based on the State Engineer's <br /> Office review of the information provided for the Star Water Resource gravel pit and records available to <br /> the Division of Water Resources we determined that the 11.50 acres shown on the January 24, 1977 aerial <br /> photo can be considered Pre-81, and are therefore exempt from the evaporative replacement <br /> requirement. <br /> Note that the area to receive the Pre-81 credit is tied to the physical location as depicted on the January <br /> 24, 1977 aerial photograph and cannot be relocated to other areas of groundwater exposure within the <br /> gravel pit boundaries. Any Pre-81 area that is backfilled will lose the Pre-81 exemption should it be <br /> excavated in the future. Additionally the backfilling of the Pre-81 area shall not create a credit to be <br /> used elsewhere. Any groundwater exposed at the East Lake beyond the 11.50 Pre-81 acres as depicted on <br /> the January 24, 1977 aerial photograph will require backfilling or replacement of evaporation from the <br /> surface area outside of the boundary of the 11.50 acres. <br /> Please note that this exemption is only for depletions caused by evaporation within the East Lake as <br /> shown on the attached January 24, 1977 aerial photograph, and does not authorize diversions for any <br /> other beneficial use. Any other uses must be approved through a Water Court approved plan for <br /> augmentation or a SWSP approved by the State Engineer. <br /> If you have any questions concerning this letter, please contact loana Comaniciu of this office at <br /> 303-866-3581 x8246. <br /> Sincerely, <br /> Sarah Brucker, P.E. <br /> Water Resources Engineer <br /> Attachments: Figure 1 <br /> Aerial Image January 24, 1977 <br /> Ec: Michael Hein, Lead Assistant Division Engineer, Michael.Hein@state.co.us <br /> Mark Simpson, Water Commissioner District 3, Mark.SimpsonCstate.co.us <br />