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