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<br />OFFICE OF THE STATE ENGINEER <br />Division of Water Resources <br />Department of Natural Resources <br />1713 Sherman Streel, Room 818 <br />Denver, Colorado 80303 <br />Phone 17031 866-3581 <br />FA% 13071 866-3589 <br />Dennis M. Montgomery, Esq. <br />Hill & Robbins, P.C. <br />100 Blake Street Building <br />1441 Eighteenth Street <br />Denver, Colorado 80202-1256 <br />~~ 9~. ~ ~~F COLORADO <br />Apri123, 1996 <br />Re: 1996 Substitute Water Supply Plan for Alternate Point of Diversion <br />Sections 19, & 30, T9S, R77W, 6th P.M. <br />Water District 23, Water Division 1 <br />Dear Mr. Montgomery: <br />OF' Cow <br />1E 4 <br />,-cam <br />.~.'~ . <br />Roy Romer <br />Governor <br />lames S. Lachhead <br />Exetu4se Director <br />Elal D. Simpson <br />State Engineer <br />We have completed our review of your request for renewal of a temporary alternate point of <br />diversion for mining operations located in Pazk County. This temporary change is for the Poomlan's Ditch <br />water right, the source of which is Beaver Creek, for 10 cfs, with an appropriation date of 12-31-1867. <br />The decreed point of diversion is on the west bank of Beaver Creek, neaz the NE Comer of the SE1/4 of <br />Section 17, Township 9 South, Range 77 West. <br />The proposed alternate point of diversion is located on the Middle Fork of the South Platte River <br />where the river crosses the boundary between Sections 19 and 30, in Township 9, Range 77 West. This <br />change is being explored since Poorman's Ditch is a long ditch and in need of repairs and Mr. Zigan's other <br />water rights also used for the mining operations, aze junior and sometimes out of priority. Also, the Town <br />of Fairplay has decided on a system of wells for their municipal supply and would therefore, no longer be <br />an intervening water right that could be impacted by this proposed change. The Water Commissioner for <br />District 23, Ms. Denise Paprocki, is familiaz with the proposed plan and reach. <br />Tn addition, an application for approval of an alternate point of diversion for the Poorman Ditch <br />water right was 51ed on August 8, 1995, with the Division 1 Water Court. This case, 95CW170, is <br />pending. <br />This substitute water supply plan is hereby approved pursuant to Section 37-80-120, C.R.S. <br />(1993) subject to the following conditions: <br />All conditions listed in the substitute water supply plan approved by this office on May 5, <br />1995, remain in effect except as modified below. A copy of this letter is attached for your <br />reference. <br />2. This substitute water supply plan shall be administered by Ms. Denise Paprocki, P.O. Box 182, <br />Fairplay, CO 80440, telephone # 719-836-2557. Denise shall be contacted 48 hours PRIOR to the <br />exchange taking place. Ms. Paprocki shall determine if exchange potential exists and her <br />determination is final. <br />~ III IIIIIIIIIIIIIIII ~ <br />