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~RIGlI!•HU U L!`IAM <br />'~G ovcrnor <br />05711 <br />HEHORANDUH <br />T0: <br />FROH: <br />U~ (Vrr <br />n -t O <br />• j~ ~' ,/~ <br />#`` ~~ <br />x X87 <br />OFFICE OF THE STATE EMGIt~IEER <br />DIVISION OF WATER RESOURCES <br />JF RIS A. (1A!dIc LSON <br />Sia tr, Engineer <br />,~.,:~ <br />~_, <br />1313 Sherman Street-Room 818 <br />Denver, Colorado 80203 <br />(303)866-3561 <br />February 24, 1983 <br />Hined•Land Rec)runation, Attn: Peter O'Co;ner I ~/'"~ <br />Hal D. Simpson, Assistant State Engineer ~j~ u ~,Y4 <br />SUBJECT: Willow Creek Hine, //83-11, Application for liininZ and Reclamation <br />Pe c'm i t <br />As requested, we have reviewed the above referenced application for a placer <br />pit near I.eadville; The site has been mined periodically for several years. <br />Haterial to be processed is hsuled from the hillside pit and fed into a <br />trommel screen. Water for the rotating trommel is pumped from and returns to <br />a pond. The application states that there is no discharge from th? pond and <br />ground water keeps the pit at about the same depth year round. The <br />application also states that the size of the pond will not be increased. <br />Since the source of water for the pond is ground water and the ground water is <br />used beneficially, we require the applicant to obtain a well permit to <br />continue using the pit water. Otherwise, the applicant will be in violation <br />of CRS 1973, 37-90-137. Our Water Commissioner will order the applicant to <br />cease operations if he determines ground water is being used without a well <br />permit. <br />The correct procedure to obtain the necessary well permit is as follows. Hr. <br />Hallette should first file for a well permit with this office. Unless Hr. <br />Hallette has a senior adjudicated water right for the pit, the well permit <br />will be denied since the proposed placer pit is located in the over-appro- <br />priated Arkansas River basin. Before receiving this denial, Hr. Nallette <br />could submit a plan for augmentation to the Water Court. Upon the court's <br />approval of the plan for augmentation, this office can issue the well permit. <br />The Water Court can only ac[ upon the plan for augmentation after we have <br />denied the original well permit application or if we have not acted upon the <br />well permit application within six months. The applicant would have to pro- <br />vide augmentation water for the amount of water retained by the materials <br />after the+y have been processed in the separating plant and placed in the tail- <br />ings pile. <br />HDS/JRN:ma <br />cc: Bob Jesse, Div. Eng. <br />