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numerous decreed water rights on North Clear Creek which may be impacted by the application. <br />Exhibit A hereto is a map showing the various water rights of Black Hawk that may be injured by <br />the application. Any impacts to the hydrology of North Clear Creek, whether in quantity or quality, <br />may result in injury to Black Hawk's water rights. <br />In its July 28, 2005, letter to the Division (attached as Exhibit B), the Colorado Department <br />of Public Health and the Environment stated that the proposed quarry will need to acquire a storm <br />water permit from the Water Quality Control Division. Similarly, the Colorado Division of Water <br />Resources delivered a response to the Division (attached as Exhibit C) on September 15, 2005, <br />stating that the application may cause injury to vested water rights. As conditions for approval ofthe <br />application the Office of the State Engineer stated: <br />The proposed operation will consume groundwater by evaporation, <br />reclamation, [and] water removed in the mined product. Based on the <br />Lyman Henn, Inc. geotechnical report dated August 19, 2005 the <br />proposed operation will expose ground water, therefore based on this <br />new information please note the following: Prior to initiation of these <br />uses of ground water, the applicant will need to obtain either a gravel <br />pit or other type of well permit, as applicable. However, prior to <br />obtaining a permit, an approved water supply plan or decreed plan for <br />augmentation is required. This project will also affect two unnamed <br />drainage-ways (surface water) located in the quarry area and that will <br />flow only as a result of rainfall or snowmelt. The applicant must <br />show that no injury to other vested water rights will occur as a result <br />of [his quarry project. <br />Prior to approving a well permit, the applicant must conduct a field <br />inspection of the site and document the locations of all wells within <br />600 feet of the permit area. The applicant must then obtain a waiver <br />of objection from all well owners with wells within 600 feet of the <br />permit area or request a hearing before the State Engineer. <br />The applicant has identified that the water requirement for dust <br />control will be trucked into the site. If water will be used for any <br />other purpose at this site, the applicant will need to document that the <br />water was obtained from a legal source, or the water was diverted in <br />priority under a water right decreed for such industrial use. <br />These comments demonstrate that the application has the potential to adversely impact both <br />the quality and quantity of water in and around North Clear Creek and confirm that the City has legal <br />standing in this proceeding as an aggrieved party that may suffer actual loss or injury to documented <br />and decreed water rights. <br />