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RICHAgD D. LA MM Governor cY~ III 1111111111111 III JERIS A. D LSON Stale Engineer OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Coloratlo 80203 (3031866-3581 ~ ~ ~ ~ G ~~ January 27, 1987 ^Y JAN 2 81987 MINCD LAND Mr RECLAMATION DIVISION Weld County Planning Departmen J TO'L1r JGi CC L Greeley, CO 80631 Re: Weld County, Giesert Pit SUP-369:86:59, NEl/4 SWl/4, Nl/2 SEl/4, Sec. 31 TGN, R65W MLRD Fil o. M-78-210 Dear Mr. Schuett: As requested, we have reviewed the above referenced application for a permit to mine sand and gravel on 87.547 acres just north of Greeley, Colo- rado, in Weld County. The application states that three ground water ponds totaling 46.8 acres will be created by the operation. The evaporation from exposed ground water in this area is approximately 2.8 acre-feet per year. In Drdcr fGr US tG GG~T~~Tient fUYtiie r, We ilee u' t0 KnliW file prGpUSed reclaimed use of the ground water ponds created. We believe that the ponds created by mining will be used as wildlife habitat. Using an impoundment of water for recreational purposes, including fishery and wildlife, has been defined in Section 37-92-103, CRS (1973}, as putting the water to beneficial use. Since the source of water for the ponds that will be created by the gravel pit operation is ground water and the ground water will be used bene- ficially, we require that a well permit be obtained from our office. The well permit must be obtained prior to excavation of the gravel pit. Otherwise, Weld County will be in violation of Section 37-90-137, CRS (1973). Since the proposed gravel pit would be located in an over-appropriated basin, the well permit could not be obtained until a court approved plan for augmentation has been developed. Should IJe]d County claim and show there is not a beneficial use of the pit water, the evaporation from the additional pond surface area created by mining would be considered a wasteful use of the ground water. Senior water right holders are rightfully entitled to this water. If there was a wasteful use of water, our Division Engineer would order Weld County to cease opera- tions in compliance with Section 37-92-502(2), CRS (1973}.