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RICHARD D LAMM <br />G OVt rn Of <br />0,1OOH <br />MEMORANDUM <br />~ III IIIiilliiiilllii ~ <br />* x876 s <br />OFFICE OF THE STA?E ENGINEER <br />DIVISION OF WATER RESOURCES <br />1313 Sherman Slre et-Room 818 <br />Denver, Colorado 80203 <br />(303) 866-3581 <br />March 3, L983 <br />JE RIS A UA NIl: L.SON <br />Sta lc Engineer <br />RECEI`JED <br />lYirlt\ L1~ 1~g3 <br />filtdCO LAND kECCA~~'~~T10+= <br />COLO OE~T, OF NAIURAL kE50'J4CE5 <br />T0: Mined Land Reclamation Board, Attn: ld%11i m R. eavers <br />r <br />FROM: Hal D. Simpson, Assistant State Engineec~~ <br />SUBJEC'C: Corn Construction Go. - Latham-BurKett Pit, !`83-13 <br />Application for Mining and Reclamation Permit <br />As requested, we have reviewed the above re Ferenced application Eor a gravel <br />mining operation near DeBeque. The application states that part of the <br />reclaimed area will be left as a pond. The application indicates file pond <br />will he used as a fish and wildlife habitat. Using an impoundment of water <br />for recreational purposes, including fishery and iriLdLiEe, has been defined in <br />CRS 1973, 37-90-103, as putting the water to beneficial use. Since the soi+rce <br />of water for the new pond that will be fo nned by the gravel pit operation is <br />ground water and the ground water will be used beneficially ,: we require that <br />file applicant obtain a well permit from our office. Tha +ae11~ permit must be <br />obtained prior to excavation of Che gravel pit area to avoid being in viola- <br />tion of CRS 1973, 37-90-137. <br />Tile correct procedure to obtain the necessary well permit is as follows. Corn <br />Construction should first file for a well permit with this office. The well <br />permit will he denied since the proposed gravel pit is located in the ovo_r- <br />appropriated Colorado River basin. Before receiving this denial, Corn Con- <br />struction could submit a plan for augmentation to the Water Court. The aug- <br />mentation plan should replace the out-of-priority consumptive use associated <br />with lake evaporation and any other out-of-priority consumptive uses. Upon <br />the court's approval of the plan Eor augmentation, this office can issue the <br />well permit. The 1dater Court can only act upon the plan for augmenation after <br />we have denied Che original well permit application or iF we have nut acted <br />upon the well permit application within six mnnth.s. <br />Corn Construction states that wafer for dust control will be obtained From <br />sources other than the pit decaatering. What are these sources?. In addition <br />to providing information concerning the soucce of water for dewaterin~, Corn <br />should submit to your office, for subsequent submittal to this office, infor- <br />mation concerning the other uses of water, the amount of water to be used, and <br />the legal right to use the water. <br />