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~. <br />RICHARD D. LAMM <br />Governor <br />MEMORANDUM <br />DIVISION OF WATER RESOURCES <br />Department of Natural Resources <br />1313 Sherman Street • Room 818 <br />Denver, Colorado 80203 <br />Atlministra[ion (303) 839-3581 <br />Ground Water (303)839-3587 <br />February 6, 1981 <br />~ III IIIIIIIIIIIIIIII <br />J. A. DANIELSON <br />State Engineer <br />~:i .! ~ <br /> <br />ItrIIV~~ LA`~'I) ?;:C I_Ail~A.TIOiJ <br />Colo. Dept. 01 natural Resources <br />TO: Mined Land Reclamation Division, Attn: Jim McArdle <br />FROM: Hal D. Simpson, Assistant State Engineer <br />SUBJECT: Chambers Pit, Flatiron Paving Company, Eagle County -File #80-136, <br />Application for Mining and Reclamation Permit <br />As requested by your office, we have reviewed the application for a gravel <br />operation near Eagle. The applicant mentions that a lake will be formed as <br />apart of the project which will be used by wildlife after it is reclaimed. <br />Using an impoundment of water for recreational purposes, including fishery <br />or wildlife, has been defined in CRS 1973, 37-92-103, as putting the water <br />to beneficial use. A well is defined as any structure or device which is <br />used for the purpose of obtaining ground water for beneficial use from an <br />aquifer. Since the source of water for the lake, that will be formed by the <br />gravel pit operation, is ground water, we consider the lake to be a "well". <br />Prior to construction of the "well", a well permit must be obtained by the <br />applicant to avoid being in violation of CRS 1973, 37-90-137. We may have <br />to order the applicant to cease operations if our Water Commissioner deter- <br />mines that they have begun constructing the gravel pit without a well permit. <br />Since the Colorado River is considered over-appropriated in the vicinity of <br />the proposed project, a well permit could not be obtained without an approved <br />plan for augmentation. This plan for augmentation would require leaving <br />irrigation water, that was historically used to irrigate project lands, in the <br />river at the point of diversion in an amount equivalent to the evaporation losses <br />that will occur from the lake which will be created. <br />ffrl <br />Hal D. Simpson, P. E, <br />HDS/RLS:mvf <br />