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<br /> <br /> <br />Memo to David Berry <br />April 26, 1985 <br />Page 2 <br />of water, by the development of new sources of water, or by any o her appro- <br />priate means..." (Section 37-92-103, CRS (1973),(9)). Albert Cha lenger <br />should devise an augmentation plan to replace the out-of-priority consumptive <br />use associated with pond evaporation and other out-of-priority co sumptive <br />uses of water. The pond evaporation should be based upon the tot 1 expanded <br />surface area created by mining including the area in Phase II tha increases <br />the area of the river. <br />The application shows the Hill and Brush Ditch running between th~ mining <br />areas. Agreement with its owners and users to mitigate the proje is impact, <br />if any, should be obtained before any injury occurs. <br />In summary, we cannot recommend approval of this application anti the issues <br />discussed in this letter are addressed. Further, we will order A bert <br />Challenger to cease operations if our Water Commissioner determin s ground <br />water is being exposed or pumped out without a well permit or wat r is being <br />diverted illegally. <br />HDS/JCM:ma/4656H <br />cc: Jim Clark, lliv. Eng. <br />