PERMFILE51734

• Permit No: M1979191
• IBM Index Class Name: Permit File
• Doc Date: 3/4/1980
• Doc Name: THREE BELLS RANCH ASSOCIATES
• From: DWR
• To: ROBERT W SHIELDS
• Media Type: D
• Archive: No

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RICHARD D. LAMM
Governor
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~~ ~ I J. A. DANIELSON
State Engineer
DIVISION OF WATER RESOURCES
DepeAment of Natural Resources
1313 Sherman Street -Room 515
Denver, Colorado 80203
Administration [phone]
Ground Water [phone]
February 28, 1980
Mr, Robert W, Shields
1520 E, Mulberry, Suite 150
Fort Collins, CO 80524
RECEIVE®
MAR - ~ 1980
MINED LAND RECLAMATION
Colo. Dept. of Natural Resources
Re: Three Bells Ranch Associates
Dear Mr, Shields:
This letter is in response to your telephone request for additional
information regarding our letter of February L to Chips Barry, Director,
Mined Land Reclamation Division, with regard to your application for a
mining and reclamation permit for a proposed gravel operation on Three
Bells Ranch Associates property.
Enclosed, as per your request, you will find a copy of Title 37
Article 90 of the 1973 Colorado Revised Statutes which is known as the
"Colorado Ground Water Management Act", As you can see in article
37-90-103(21) a well is defined as "any structure or device used for the
purpose or with the effect of obtaining ground water for beneficial use
from an aquifer", We view the use of gravel pit water for gravel washing
and dust control as putting the ground water to a beneficial use which
would thus make the pit a "well"; and in order to use the "well'; a well
permit must be obtained in order to not be in violation of article 37-90-137.
In order for a well permit to be is sued in the alluvium of the Cache
La Poudre River, the applicant will have to obtain approval of a plan for
augmentation from the Division Court in order to be in accordance with the
rules and regulations of the State Engineer as decreed by the Division
Water Court on March 15, 1974, Any plan for augmentation for replacement
of water that will be used during the gravel pit operation or for replacement
water for the additional consumptive uses associated with the evaporation
losses from the reclaimed lakes involves releasing a portion of a senior
water right to the river during the period of time the water is used,