HYDRO22707

• Permit No: M1983090
• IBM Index Class Name: Hydrology
• Doc Date: 4/9/1993
• Doc Name: LAPOUDRE SAND & GRAVEL M-83-090 SECTION 19 T6N R67W 6TH PM WATER DIV 1 WATER DISTRICT 3
• From: OFFICE OF THE STATE ENGINEER
• To: HALE SMITH & WILLIAMS PC
• Media Type: D
• Archive: No

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OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone [phone]
FAX [phone]
Zachary G. Wilson, Esq.
Hale, Smith & Williams, P.C.
425 West Mulberry Street, Suite 112
Fort Collins, CO 80521-2896
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Apri17, 1993
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Roy Romer
Governor
Ken Salazar
Ececutive Director
Hal D. Simpson
gate Engineer
CERTIFIED MAIL NO.: P-175 900 105
Final Request for Information
RE: LaPoudre Sand Sc Gravel, MLRD M83090
Section 19, T6N, R67W, 6TH P.M.
Water Division 1, Water District 3
Dear Mr. Wilson:
In 1989, the Colorado Legislature passed Senate Bill 120 which affects any gravel pit in
operation after December 31, 1980. Senate Bill 120 requires any gravel pit which exposed
ground water to the atmosphere aher December 31, 1980 to replace water lost from the local
stream system. Pursuant to Sections 37-90-137(11)(a)(1) and (II), C.R.S. (1991), a well permit
and substitute water supply plan or court approved augmentation plan must be obtained for a
gravel pit.
Our records indicate, by your letter to this office dated July 12, 1990, that you represent
the First Windsor Holding Company as successor in interest to the Velma Frank-LaPoudre Sand
& Gravel Inc. gravel pit operation Payment of fees and a submittal of a water supply plan was
made by you for the mining operation on July 13, 1990.
As delegated through this legislation, the water supply plan was reviewed by our
consultant, Wright Water Engineers, and was found to be insufficient to conclude there was a
viable plan to physically offset out-of-priority diversions. A review of the file shows that you
were contacted by letters dated Mazch 25, 1992 and copied on the September 13 and September
17, 1991 letters to Ms. Mazy Richards-Smith (copies attached) requesting additional information
regazding the supply plan. To date, Wright Water Engineers nor this office has received a
complete and adequate response from you.
Upon receipt of this letter, you are hereby even 30 days to respond to the State
Engineer's Office and provide ALL the requested information as stated in the attached letters.
Failure to respond with the submittal of this information may result in the disapproval of the
water supply plan. Appropriate legal action, including injunctive relief, attorne}~s fees, and