2003-07-17_REVISION - M1977534 - Laserfiche WebLink

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Porzak Browning &Bushong LLP t-'~ ATTORNEYS A T L A W 929 Pearl Street, Suite 300 • Boulder, CO 80302 Glenn E. Porzak 303 443-6800 • Fax 303 443-6864 Michael F. Browning Steven J. Bushong P. Fritz Holleman JUIy 16, 2003 Greg Squire Division of Minerals and Geology / Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 / j7PTm~,'}1GGM d.Lt.h~~ RECEIVED JUL 1 7 1003 Division ~f Minerals and Geology ~ Re: Amendment to Permit No. M 77-534-'~1 Dear Mr. Squire: .-o l- o~ This letter is in respo from Kristin Howse Moseley Kevin J. Kinnear Jason R. Dunn Amy W. Beane Lawrence J. MacDonnell, Of Counsel ("SEO") regarding the above-referenced amendment. The SEO raises several water rights issues associated with impoundments created by gravel mining. However, in this case, all the issues raised by the SEO were already addressed long ago by judicial decrees or SEO approval. A brief explanation is °'provided below. ~ 1. Water Rights and/or Auementation Plan. The SEO states that the storage facility being created may consume ground water out of priority and thus an approved water supply plan or decreed plan for augmentation is required. In its comments, the SEO also states that the facility may intercept and impound surface runoff out of priority which also must be administered in priority or augmented. All of these issues have already been addressed as set forth below: A. Water Rr~ht Decree. By Judgment and Decrea in Case No. 82CW469, the Water Court awarded the City of Golden ("Golden") water rights fo_ up to 3 reservoirs called the Golden Reservoirs (now known as "Guanella Reservoir") to be constructed ai the current site by the mining of gravel. A copy of the Decree is attached. The decreed capacity is a total of 2600 acre- feet with an appropriation date of June 8, 1977. The actual capacity will be closer to 2000 acre- feet. The Decree expressly allows storage of water in the facility from West Fork Clear Creek, including "seepage and run-off water (both surface and groundwater} within the watershed," (¶ 6), and further allows "bank storage" of the groundwater. (¶ 16). The Decree also allows storage of nontributary water and certain West slope water owned by Golden. (¶ 6}. Finally, the Decree provides that water may continually be placed into storage if the water is in priority, is from the nontributary or West slope sources, or is covered under the augmentation plan in Case No. 83CW361. (¶ 12, 13). B. Augmentation Plan Decree. By Judgment and Decree in Case No. 83CW361, the Water Court approved an augmentation plan that includes Guanella Reservoir as an augmented structure. A copy of the Decree is attached. Thus, the very 2ugmentation plan that the SEO claims is necessary was adjudicated nearly 20 years ago by Golder.. In the augmentation plan, the Court also details how the reservoir is to be administered for evaporation and seepage. (¶ 12).