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.~; ~: <br />'-r .n'~+~-r <br />..~ 'SOY ROMER <br />Governor <br />i <br />DIVISION OF WATER RESOURCES <br />WATER DIVISION II <br />Robert W. Jeaee <br />Division Engineer <br />218 W. 5th Siree( Room 223 <br />P,O. Bo: 5728 <br />Pueblo, Coloratlo B t 003 <br />(303) 542-3368 <br />June 2, 1988 <br />Mr. Robert Stack <br />3131 Barett <br />Colorado Springs, <br />Colorado 80906 <br />• ~II ~I~~I~III~~~~~I~ <br />JERIS A DANIELSON <br />State Engineer <br />Re: Resolution of Division Engineer's Order of May 6, 1988 <br />Dear Mr. Stack: <br />After your visit to this office on May 31, 1988, to discuss the Division <br />Engineer's Order of May 6, 1988, it has been determined that the following <br />conditions, as agreed by you, will resolve the matters covered in said <br />order, to wit: <br />1) This office is in receipt of the livestock tank permit application <br />for the pond in question. Said pond may not be used for irrigation, <br />nor commercial uses and shall be exclusively used for livestock water- <br />ing only. <br />2) You shall not divert surface waters for storage for commercial use, <br />nor dust abatement without applying for and receiving a decree from <br />the Division 2 Water Court. Then, such diversion shall be when in <br />priority. <br />3) Other sources of water for dust abatement, etc., may be available <br />on a temporary basis, if a substitute water plan is approved by the <br />State Engineer, pursuant to section 37-80-120 CRS, 1973, prior to <br />the proposed beneficial uses. <br />The Water Commissioner for Water District 12, Eddie Taylor, will <br />periodically check, for compliance with these conditions, your water uses <br />from Red Creek drainage. If, at any time, illegal diversions similar to those <br />cited in the Division Engineer's Order of May 6, 1988, are once again observed, <br />said order will be enforced and actions taken as therein outlined. <br />