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January 13, 1773 Dr. Jeris A. Danielsor. Deputy State Engineer Division of 4tater Resources 1313 Sherman Street Denver, Colorado 90203 .7~ ~%~% Re: Cotter Corporation - Schwartzwalder t~!9.ne Jefferson County Application for tdLRB Permit Dear Jerrl: ~•7e have been asked by Cotter Corporation to respond to your letter of Jecem~'er 1, 1977 directed to ~iarriei Sharman as Secretary for the :aimed Land Reclamation iroard. In your letter to ter. Sherman, you noted that no statement of beneficial usa had ever i~een filed for the alluvial well (exhibit 1') noted in tho Cotter application. T:~is letter will respond particularly to that matter. In order that your records might be complete regarding this well, we have enclosed a completed stzrtement of beneficial use regarding this structure. To brim-r you personally up to date regarding this matter, we ?eel that a brief history of the well usage nay be in order: T:tr well was first drille3 on '3arch 31, 1963. Due to a site c:on*lict with another plant facility, it was decidad to relocate this well in 1972. Accordingly, an application for ar replacement well was filed with your office in .July of 1972, and granted permit No. 64694 in September of that yezrr. As you know, this well is an exempt. well under § 37-92-f~02 C.R.S. 1973. The provisions set forth in that statute, particularly regarding exempt wells, do not appear to require the completion of for_na1 state,^:ents of beneficial use:. Nonetheless, assuming that the provisions of The GroLindwater Management Act (5 37-90-137(3)(a)) 3o in fact apply e.o as to require the provision of supple^iental information, this statute speaks only of furnishing to your office . "evidence that the water from such wells Baas gut to~k~eneficial use." It would appear tint appropriate evidence of :;uch usage had already been presented to your office in tha fallowing forms: