Laserfiche WebLink
BEFORE THE MINED LAND RECLAMATION BOARD Y~ ~~~~~~°~ <br />STATE OF COLORADO ~e <br />PROTEST AND PETITION FOR HEARING BY <br />WAYNE E. BOOKER AND FRANCES G. BOOKER MINEp~~ypRFCLAA4AT~Op <br />_ C010.0~,~_,...,_._ . _ <br />IN THE MATTER OF THE APPLICATION OF DAVID GOSS <br />FOR A MINING AND RECLAMATION PERMIT <br />(File No. M-85-140) <br />IN EL PASO COUNTY <br />Wayne E. Booker and Frances G. Booker ("the Bookers"), by and <br />through their attorneys, Moses, Wittemyer, Harrison and Woodruff, <br />P.C., respectfully submit their protest and petition for a hearing <br />in the above-referenced matter, pursuant to §34-32-114, C.R.S. As <br />grounds therefor, the Bookers state: <br />1. Applicant seeks authorization from the Board to excavate <br />and operate an open pit for the purpose of sand and gravel removal <br />and sale on his property in Section 7, T13S, R62W, E1 Paso County. <br />Applicant's application, as filed with the Board on September 27, <br />1985, admits that he intends to expose 8.0 acres of alluvial ground <br />water to atmospheric evaporation during the period of mining and <br />subsequently to devote said ground waters to beneficial use by <br />means of recreation. In ad{iition, it would appear that Applicant <br />intends to utilize alluvial ground water for the washing of the <br />removed sand and gravel, and possibly for other associated mining <br />and/or reclamation purposes. Accordingly, Applicant's proposed <br />open pit constitutes a "well" within the meaning of §37-90-103(21), <br />C.R.S. <br />2. The subject property is entirely located within the <br />boundaries of the Upper Black Squirrel Creek Designated Ground <br />Water Basin ("Designated Basin") and of the Upper Black Squirrel <br />Creek Ground Water Management District, and the alluvial ground <br />water intended to be used and/or exposed by Applicant is entirely <br />"designated ground water" within the meaning of §37-90-103(6), <br />C.R.S. as determined by the Colorado Ground Water Commission <br />{"Commission") in its May 1, 1968 Order establishing the Designated <br />Basin. Pursuant to §37-90-107(1), C.R.S., "[a]ny person desiring <br />to appropriate ground water for beneficial use in designated ground <br />water basins shall make application to the commission in a form to <br />be prescribed by the commission. ." On information and belief, <br />the Bookers assert that Applicant has not made any such application <br />to the Commission as of the underwritten date. <br />3. In his application, Applicant indicates a willingness to <br />"pledge", but only "if needed", 20 acre-feet/year of the <br />