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STATE OF COLORADO <br />WATER DIVISION ONE <br />OFFICE OF THE STATE ENGINEER <br />Division of Water Resources <br />Department of Natural Resources <br />810 9'" Street, Suite 200 <br />Greeley, Colorado 80631 <br />Phone (970) 352-8712 <br />Fax (970) 392-1816 <br />www.water.state.co.us <br />Gene Komer <br />2817 W. County Road 546 <br />Ft. Collins, CO 80524 <br />January 4, 2006 <br />RECEIVI=n <br />SEP 2 4 200? <br />~Mli <br />STATE ENGINEfA, <br />GGL0. <br />of cow <br />Ne ~ ' <br />~~ R9~ <br />.. <br />/8]6 ~ <br />Bill Owens <br />Governor <br />Russell George <br />Executive Directo[ <br />Hal D. Simpson, P.E. <br />State Engineer <br />James R. Hall, P.E. <br />Division One Engineer <br />Re: Komer Pit - DMG Number M-97-076 <br />Water Court Case No. 2002CW213 <br />NW'/<, Section 33, T8N, R69W, 6`" P.M. <br />Water Division 1, Water District 3 <br />Dear Mr. Komer: <br />This letter is to inquire as to the status of the above referenced gravel pit. I understand that this site is <br />no longer being actively mined. However, to prevent injury to vested water rights, the water lost to the <br />stream system by evaporation from the exposed groundwater surface must be replaced under a <br />Substitute Water Supply Plan approved by the State Engineer or an Augmentation Plan approved by <br />the Water Court. Our records indicate that the last Substitute Water Supply Plan for this site expired <br />on October 31, 2002 and has not been renewed. Our records also indicate that there appears to have <br />been no activity on your Water Court application for a change of water rights and approval of an <br />augmentation plan since November 2002. <br />Please apply to the Office of the State Engineer for approval of a Substitute Water Supply Plan to <br />replace the water lost to the stream system by evaporation from the exposed groundwater surface at <br />this site by March 10, 2006. Failure to do this may result in the State and Division Engineers initiating <br />a formal enforcement action against you in Water Court if your application in case number <br />2002CW213 has not been granted. <br />Please contact me if you have questions regarding this letter. <br />Sincerely, <br />~~ ~ <br />David L, Nettles, P.E. <br />Assistant Division Engineer <br />DLN: d I n\KomerPitLtrA.doc <br />Cc: George Varra, Water Commissioner <br />Jeff Deatherage, State Engineer's Office <br />Colorado Division of Minerals and Geology <br />Carmen S. Hall, Petrock & Fendel, P.C. <br />Richard Raines, Applegate Group, Inc. <br />