REV16915

• Permit No: M1987131
• IBM Index Class Name: Revision
• Doc Date: 5/19/1993
• Doc Name: M-87-131 AIRPORT PIT 3 ADEQUACY OF AMENDMENT APPLICATION RE MONKS CONSTRUCTION CO
• From: DMG
• To: TUTTLE APPLEGATE INC
• Type & Sequence: AM1
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman SI.. Room 215
Denver, CO 8C203
Phone: [phone]
FAX: U031 83 2-8 1 06
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Rov Romer
Governor
Michael 8. long
Division Director
May 19, 1993
Mr. Gary Tuttle
Tuttle Applegate, Inc.
11990 Grant Street, ,410
Denver, CO 80233
RE: Adequacy of Amendment Application, R.E. Monks Construction
Company, Airport No. 3 Pit, File No. M-87-131
Dear Mr. Tuttle:
The matter of R.E. Monks Construction's legal right to divert water
from Eight Mile Creek for use at Airport No. 3 Pit and at Airport
No. 1 Pit needs to be Clarified prior to the June 7, 1993 decision
date for the above referenced amendment application. The following
quotations are provided in order to update the current status of
the water rights issues for these pits:
1. Adequacy response from Tuttle-Applegate, for Monks, dated 5-7-93
As stated in the original mining plan Exhibit G, the water
used on the site for dust control and for washing is from
Eight Mile Creek.
2. Original Exhibit G dated 8-7-87:
The raw water for dust suppression and washing will be
diverted from Eight Mile Creek. This water will be replaced
by leasing shares from a nearby upstream ditch on the Arkansas
River. A copy of this lease agreement will be submitted to
the file prior to use of the Eight Mile Creek water.
3. Memo from the State Engineers Office dated 3-19-93:
Process water will be leased from water rights owners on Eight
Mile Creek. There is no indication that the pit operator has
a firm and legal right to utilize this water in the operation
and we request that this be provided prior to issuing approval
of this plan.
The May 7, 1993 adequacy response letter from Tuttle-Applegate for
Monks Construction explains that an approved substitute supply plan
for consumptive use of water from Eight Mile Creek has been in
place since September 15, 1987 under the name of Airport No. 1 Pit.
There is no documentation of the substitute supply plan in either
the Airport No. 3 Pit or in the Airport No. 1 Pit files. Please
submit documentation of the most recent approval of extension of