1980-09-22_PERMIT FILE - M1974052 (5)

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The applicant intends to comply with CRS 1973 , 34- 32-11S (4) (c) and (g) as well as CRS 1973 , 37- 90- 137 to insure adequate protection for existing water users . The plan for augmentation will consist of a change of use of the existing well and/or the obtain ing of additional water rights to offset water losses resulting from the final recreational use of the gravel pit site . The verbal agreement referred to regarding a lowering of water table and use of the dewatering well in the initial applicant statement refers to lands immediately east of the property and was in- tended to provide relief to that property if injuries should result from the lowered water table in the area immediately adjacent to the mining operation . As additional protection for the property adjacent to the gravel operations , and as a part of the verbal agree- ment , the Applicant constructed a diversion ditch along the north side of the active gravel pit operations to protect his operation from irrigation wastewater return flows and natural runoff drainage from storms or other- wise , and discharged that drainage water back to the stream east of his property. There is a continuous flow during the irrigation season in this diversion from lands above the subject property and rather than flow across the applicants property, the water is allowed to either flow across the property adjacent to the east or is contained in a continuation of the diversion ditch from the north along the common pro- perty line along the east side of the Applicants pro- perty. This diverted wastewater and storm drainage has been adequate to meet the needs of the adjoining property owner by apparently replenishing or otherwise offsetting the effects of the lowered water table immediately adjacent to the gravel operations . As a result , no water has been supplied from pumping or dewatering operations directly to the lands to the east on an as-needed basis as provided in the verbal agreement . The Applicant believes that the actual operation regarding the subject of lowered water table adjacent to the pump operation, has had no negative impact upon vested water rights . When mining operations in Phase II are completed during 1981 , there will no longer be a continuous lowering of the water table . The effects of such activity will cease and water levels will return to their natural state at this location. - S-