1983-06-15_PERMIT FILE - M1983067 (5)

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- 7 ` l i F.c°<�.� i III IIIIIIIIIIIII III RICHARD D. LAMM Q'% 999 Governor v�i O JERIS A. DANIELSON State Engineer 611H ' 1876 " OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 --' Denver, Colorado 80203 (303) 866-3581 P 7 1283 June 13, 1983 WlEr) i RI\C ^ECL;1U\T1M Co!o. D?pt. of k'aiif21 R°S^"_rceF MEMORANDU TO: Mined Land Reclamation, Attn: Jim McArdle,,II FROM: Hal D. Simpson, Assistant State Engineer_ 6� SUBJECT: Western Paving - Stagecoach Stop Pit, 083--67 Application for Mining and Reclamation Permit As requested by your office, we have reviewed the application for a gravel pit north of Henderson. The application indicates in the Wildlife Section that wildlife exists in the area. The lake formed as part of the mining project will be reclaimed for use by this wildlife. Using an impoundment of water for recreational purposes, including fishery and wildlife, has been defined in CRS 1973, 37-90-103, as putting the water to beneficial use. Since the source of water for the pond that will be created by the gravel pit operation is ground water and the ground water will be used beneficially, we require that a well permit be obtained from our office. The well permit must be obtained prior to excavation of the gravel pit. Other- wise, Western Paving will be in violation of CRS 1973, 37-90-137. Since the proposed gravel pit would be located in an over-appropriated basin, the well permit co ld not be obtained until a court approved plan for augmentation has been deve oped. The corre t procedure to obtain a well permit is as follows. Western Paving should first file for a well permit with this office. The well permit will be denied si ce the proposed gravel pit is located in the over-appropriated South Platte River basin. Before receiving this denial, Western Paving could submit a plan for augmentation to the Water Court. The augmentation plan should replace tie out-of-priority consumptive use associated with lake evaporation and any other out-of-priority consumptive uses. Upon the court's approval of the plan or augmentation, this office can issue the well permit. The Water Court can only act upon the plan for augmentation after we have denied the original qell permit application or if we have not acted upon the well permit applicati n within six months.