INSPEC36217

• Permit No: M1990131
• IBM Index Class Name: Inspection
• Doc Date: 10/9/2007
• Doc Name: Insp Rpt
• From: DRMS
• To: Ricky W. Mitchell
• Inspection Date: 9/5/2007
• Media Type: D
• Archive: No

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~~'.' ~.~ ~~ STATE OF COLORADO
WATER DIVISION ONE ~) MtlitlVtll
OFFICE OF THE STATE ENGINEER („/. ~{nJ os~co~
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Division of Water Resources ~ 1 4
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Department of Natural Resources R ,
810 9'" Street, Suite 200 CEIVED w.. •. ~~~~ j ra'c
T STATE t~.oMEE~__
Greeley, Colorado 80631 CI 0 ~ g007 coED
Phone (970; 352-8?12 L 1 aiii Riner, Jr.
Faz (970} 392-1816 IVISIOtI vi rtQGafllatlOn, Governor
www.waterstate.ce.us t (/ Mining and Safety
Hares D. Sherman
Executive Director
(Vacant)
CERTIFIED MAIL NO. 7006 0810 0002 6777 9604 Stete Engineer
Jamea R. Hail
Oivsian Engineer
NAME: Mr. Gene Komer
ADDRESS: 2817 W. County Road 546
Ft. Collins, CO 80524
DATE: September 21, 2007
RE: ORDER TO SHOW CAUSE REGARDING ILLEGAL EXPOSURE OF
UNDERGROUND, TRIBUTARY WATER
TO: Gene Komer and all agents, employees, lessees, assigns or successors of the
same
Upon information and belief, you are the owner of property located in the NW'/< Section 33, T8N,
R69W, 6g' P.M. This property contains what is known as the Komer Project with Colorado
Division of Reclamation Mining & Safety (DRMS) permit M-1997-076. This project is also the
subject of Division 1 Water Court case number 2002CW213.
David Nettles of my staff sent you a letter on January 4, 2006 (copy enclosed) informing you that
this gravel pit operation required a Substitute Water Supply Plan approved by the State
Engineer or an Augmentation Plan approved by the Water Court to replace the evaporation of
groundwater to the stream system to prevent injury to vested water rights. An application for a
Substitute Water Supply Plan for this site was received on December 13, 2006 by the State
Engineer's Office.
Jeff Deatherage of the State Engineer's Office sent your consultant, Tom Hatton of JR
Engineering, LLC, a letter on March 21, 2007 (copy enclosed) indicating 6 items that needed to be
addressed before review of the requested Substitute Water Supply Plan could proceed. As of
the date of this letter, Mr. Deatherage has not received a response to his letter.
The Komer Project diverts water tributary to the Cache la Poudre River and the South Platte River
by evaporation of groundwater, even if no other use of water is taking place. As such, it is subject
to all applicable rules, regulations and Colorado Revised Statutes governing the withdrawal and
use of water in the South Platte River system. Information available to the Division Engineer
indicates that the groundwater evaporated from this pit is not currently replaced pursuant to a
Water Court approved augmentation plan or a State Engineer approved substitute water supply
plan. Thus, it appears that the un-replaced evaporation from this pit is causing injury to senior
vested water rights on the South Platte River system.