Laserfiche WebLink
,. _ 1 <br />~'\*\\\.rli I ~~ <br />OFFICE OF Th{~ ~-f.~TE ENGINEER <br />DIVISION OF V//,TGR RESOURCES <br />1373 Sherman Slrce;-Room b18 <br />Denver, Colorado 80203 <br />(303)26n-3587 <br />-(ay 27, 19S2 <br /> <br />~~." } <br />,,.. `~ - 15~~2 <br />D1EM1t0RANDl1P1 <br />T0: Dfined Land P.eclamation, Attention: M1like Savage <br />FRODt: Hal D. Simpson, Assistant State Engineer <br />I'vtlP;[D U~i~J `,;=C~9,?,tAilCi'J <br />Colo. Dept, of fJatw;;i n"esourcc, <br />SUBJECT: Comments on 1Tater RiLhts, Bourg Dfine, Filc G 021-8] <br />As requested, 7,~e have reviewed Bourg D1ine for 7;~ater rights concerns. Ftrom your <br />conversations with Jim Elall, I have been informal that 1'7.atiron no longer plans <br />to mine through Dtann Dra7r, that Flatiron might abandon their conditional adjudi- <br />cation for three 7•rcals in tdann Draw (Division No. 6, Case No. %9CIi226), and that. <br />Flatiron is presently using a well +;ithout a well permit. Tf: Plati.ron is usins~ <br />a well 7•rithout a well permit, then Flatiron is operating il.Jegal.ly. Flatiron <br />must obtain a well permit from our office for all wells to avoid being in viola- <br />tion of CRS 1173, s%-90-137, <br />If the hell Flatiron is presently using is pursuant'to Uiv i.sion No. G, Case No. <br />79C1V22G, Flatiron will not h .re diffia.ilty obtaining a t•:ell pcrmi.t; ho~•:ever, the <br />information we have availabl. 7:ould indicate that the well is not pursuant to <br />the above mentioned case. It our information is correct and if the present well <br />is located in ar, area tributary to the Canadian liver, Flatiron 7,~il.l need a <br />court approved plan of augmentation prior to obtaining the necessary 1ac1] permit. <br />An augmentation plan is required because the Canadian Ri.var is considered over- <br />appropriated. The augmentation plan would replace the out-of-Firiori.ty consump- <br />tive use associated with the operation of the :cell. <br />Flatiron did not file a statement of beneficial use for either well permit numbers <br />11253ti or 112537 as required by CRS 1973, 37-90-13?(.3)(a); therofore, Y.hcse well <br />permits have expired. Since the tre11 permits •:7ere f:or non-consumptive de,aaterir,g <br />purposes only, Flatiron should not have any trouble getting our office to reissue <br />these permits. <br />Hal D. Sinpson <br />E105/J11fl:mvf <br />cc: k'cs Signs, Div. Eng. <br /> <br />