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~/,1~nS <br />OFFICE OF THE STATE ENGINEER <br />Division of Water Resources <br />Department of Natural Resources <br />1313 Sherman Stree4 Room 818 <br />Denver, Colorado 80203 <br />Phone (303) 866-3581 <br />FAX 1303) 866-3589 <br />III IIIIIIIIIIIII III <br />sss <br />STATE <br />0/visio 95 <br />December 28, 1994 not Mmera~s & C'ooiogy <br />Mr. Thomas G. Mathias, President <br />Mathias Concrete, Inc. <br />P.O. Box 266 <br />Monte Vista, CO 81144 <br />CERTIFIED MAIL, NO. P 296 607 119 <br />Final Request for Information <br />AFCF~~~D <br />~Ab ~ 4 19 <br />RE: North Farm Road Pi M771 'o Grande County <br />SW+/., Section 20, T39N, RSE, N,M.P.M- <br />Water Division 3, Water District 20 <br />Dear Mr. Mathias: <br />~ cow <br />Ne0 <br />.' .'~ <br />Roy Romer <br />Go~emor <br />lama 5. Lochhead <br />Ewecutive DireflOf <br />Hal D. Simpson <br />Sute Engineer <br />In 1989 the Colorado Legislature passed Senate Bill 120 which affects any gravel pit in <br />operation after December 31, 1980. Senate Bill 120 requires any gravel pit which exposed ground <br />water to the atmosphere after December 31, 1980 to replace water lost hom the local stream <br />system. Pursuant to §37-90-137(11)(a)(1) and (1[), C.R.S.(1990), a well permitand substitute water <br />supply plan or Court approved augmentation plan must be obtained for a gravel pit. <br />Our records indicate that a submittal of a water supply plan for your operation and payment <br />of fees was received on May 22, 1990. As delegated through this legislation, the water supply plan <br />was reviewed by our consultant, Rocky Mountain Consultants, and found to be insufficient to <br />conclude there was a viable plan to physically offset out-of-priority diversions. A review of the file <br />shows that you were contacted by letters dated January 30, 1992, Mazch 16, 1992, October 22, <br />1992 and December 6,1493, copies which are attached, requesting additional information zegazding <br />the supply plan. To date, Rocky Mountain Consultants nor this office, has received a complete and <br />adequate response from you. <br />Upon receipt of this letter, you are hereby Qiven 30 days to respond to the State EnQirteer's <br />Office and provide ALI. the requested information as stated in the attached letters. Failure to <br />respond with the submittal of this information may result in the disapproval of the water supply <br />plan. Appropriate legal action, including injunctive relief, attorneys fees and triple damages, may <br />be pursued against you, the landowner and any other users of the waters diverted out-of-priority <br />through the gravel pit in accordance with §37-92-502, 503 and 504, C.R.S.(1990). <br />OF COLORADO <br />