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David Berry Page 2 <br /> June 3, 1985 <br /> Platte River basin. Before receiving this denial, Varra Companies could sub- <br /> mit a plan for augmentation to the Water Court. The augmentation plan should <br /> replace the out-of-priority consumptive use associated with lake evaporation <br /> and any other out-of-priority consumptive uses. Upon the court's approval of <br /> the plan for augmentation, this office can issue the well permit. The Water <br /> Court can only act upon the plan for augmentation after we have denied the <br /> original well permit application or if we have not acted upon the well permit <br /> application within six months. <br /> "Plan for augmentation means a detailed program to increase the supply of <br /> water available for beneficial use in a division or portion thereof by the <br /> development of new or alternate means or points of diversion, by a pooling of <br /> water resources, by water exchange projects, by providing substitute supplies <br /> of water, by the development of new sources of water, or by any other appro- <br /> priate means. . ." (Section 37-92-103, CRS (1973), (9)). Varra Companies should <br /> devise an augmentation plan to replace the out-of-priority consumptive use <br /> associated with pond evaporation and other out-of-priority consumptive uses of <br /> water. <br /> In summary, we cannot recommend approval of this application until the issues <br /> discussed in this letter are addressed. Further, we will order Varra Com- <br /> panies to cease operations if our Water Commissioner determines ground water <br /> is being exposed or pumped out without a well permit or water is being <br /> diverted illegally. <br /> HDS/JCM:ma/4844H <br /> cc: Jim Clark, Div. Eng. <br />