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Page 1 of 1 <br />Wenzel, Richard <br />From: Misbach, Neal [Neal.Misbach~state.co.us] <br />Sent: Wednesday, September 27, 2006 10:01 AM <br />To: richard.wenzel(a~state.co.us <br />Cc: Whitaker, Kyle; nunderbrinkQncwcd.org <br />Subject: NCWCD Gravel Pit <br />Richard Wenzel <br />Colorado Divlsfon of Minerals and Geology <br />1313 Sherman St. Room 215 <br />Denver, CO 80203 <br />Mr. Wenzel, <br />This is Neal Misbach, Water Commissioner in District 51 for the State of Colorado Division of Water <br />Resources. Per our conversation on the phone yesterday, I am sending a written confirmation of what was <br />discussed regarding the Northern Colorado Water Conservancy District's gravel operation near Willow Creek <br />Reservoir in Grand County. <br />First, I would like to confirm that I performed a site visit of the location with Noble Underbrink of the <br />NCWCD on the 20s' of September, 2006. During this site visit, it was confirmed that there is groundwater being <br />exposed by this gravel operation in the amount of several gallons per minute, which is consequently diverted off <br />of the gravel operation back to Willow Creek without injuring any Intervening water rights and without any physical <br />water consumption beyond what is evaporated through the process of exposing this water. <br />Normally, this situation would require that there would need to be a well permit issued in this case, and <br />possibly a requirement for an augmentation plan that would cover the depletions to senior water rights on the <br />Colorado River to cover the evaporative use created by the exposure of groundwater in this case. <br />Due to the unique physical and legal circumstances in this case, I am seeking consultation with the <br />Division 5 Assistant Division Engineer, Kyle Whitaker, to determine if a well permit and wrrespanding <br />augmentation plan are indeed necessary and prudent. In addition, I have consulted with Noble Underbrink, West <br />Slope Operator with the NCWCD, to provide evidence that there may have been a natural spring created by the <br />unique physical conditions involving the irrigation of the properly at this location. <br />Pending the results of these consultations, I will provide you with the results of any detertnina0ons as they <br />are developed. Please feel free to contact me with questions or comments on this matter. <br />Sincerely, <br />Neol Misbach <br />Woter Commissioner <br />Colorado Division of Water Resources -District 51 <br />P.O. Box ]719 <br />Fraser, CO 80442 <br />(970) 531-1159 <br />neal.misbach@stote.co,us <br />Perrttitq M•r4F1-of(e Conffdential7~ <br />Type-Sect Recipients RMwrcbM <br />Class a0 c i e nl <br />From d. pcV e ~ 41, o SowRcES <br />To Other <br />Doc. ame v 6 Ac-1.1o d~5 <br />Dete Date (if no date stamp) L 1 <br />9/27/2006 <br />