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. ~~ of co~o~ <br />RICHARD D. LA MM ~Q' ~'~`rT 90 <br />Governor ~ ti ~ O <br />* ~xo <br />• ~ ar ~~,.•~~ - <br />* /876 a <br />OFFICE OF THE STATE ENGINEER <br />DIVISION OF WATER RESOURCES <br />1313 Sherman Street-Room 818 <br />Denver, Colorado 60203 <br />(303)866-3581 <br />July 23, 1986 <br />MEMORANDUM <br />JERIS A. DANIELSON <br />Stale Engineer <br />-_ ,_T <br />JUL 2 S 1986 <br />T0: Bradford Janes, Mined Land Reclamation Divisipn <br />FROM: Hal D. Simpson, Deputy State Engineer~D <br />SUBJECT: Bear River Sand and Gravel, Cass Weber, File No. M-86-40 (M-77-519) <br />Sec. 14, T6 N, R86W <br />As requested, we have reviewed the above referenced application for a permit <br />to mine sand and gravel on 25.5 acres ten miles west of Steamboat Springs, <br />Colorado, in Routt County. The proposal will create a ground water lake which <br />will be reclaimed for fishery and camping. <br />Using an impoundment of water for recreational purposes, including fishery and <br />wildlife, has been defined in Section 37-92-103, CRS (1973), as putting the <br />water to beneficial use. Since the source of water for the lake that will be <br />created by the gravel pit operation is ground water and the ground water will <br />be used beneficially, we require that a well permit be obtained from our <br />office. The well permit must be obtained prior to excavation of the gravel <br />pit. Otherwise, Mr. Weber will be in violation of Section 37-90-137, CRS <br />(1973). <br />Since the Yampa River basin is not considered over-appropriated in the mine <br />site area, it presently would not be difficult to obtain a well permit. When <br />filing for the well permit, Mr. Weber should identify all of the planned uses <br />of ground water and the amount being appropriated in addition to the evapora- <br />tion losses. We suggest Mr. Weber also obtain a court adjudicated water right <br />for the well. <br />In summary, we cannot recommend approval of this application until the issues <br />discussed in this letter are addressed. Further, we will order Mr. Weber to <br />cease operations if our Water Commissioner determines ground water is being <br />exposed or pumped out without a well permit or water is being diverted <br />illegally. <br />HDS/JCM:ma/8118H <br />cc: Steve Witte, Div. Eng. <br />Steve Lautenschlager <br />