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RICHARD D. LAMM Governor state Engineer DIVISION OF WATER RESOURCES DepaAment of Natural Resources 1313 Sherman Street -Room 818 Denver. Colorado 80203 Administration (303) 839-3581 Ground Water (303) 839-3587 Aprilll, 1980 MEMORANDUM F'.~~ 1 ~ ~~~~ TO: CHIPS BARRY, DIRECTOR, MINED LAND RECLAMATION FROM: HAL D. SIMPSON, CHIEF, WATER MANAGEMENT BRANCH SUBJECT: FLATIRON MATERIALS CO. -EAST RIGDEN AMENDMENT, LARIMER COUNTY, APPLICATION FOR MINING AND RECLAMATION PERMIT As requested by your office, we have reviewed the amendment to the gravel pit located near Fort Collins. The applicant previously obtained a mining permit for the East Rigden Pft. In the supplemental information provided with the original application, it was stated that two wells (W-11-11131 and L-9), W-3481, would provide the water supply needs of the operation. L-9, a sump, is decreed for gravel washing but is located over 1 1/2 miles from the proposed gravel pit area. W-11-11131, decreed for irrigation, is located north of the Poudre River over a mile from the proposed mine. The applicant at the time of the original appli- cation was told that he did not have a viable source of water for dust control, equipment washing, or sanitation. To this date, the applicant has not changed the decreed use of W-I1-11131, or described how this well will provide water to the project area, or provided information concerning compliance with the State Engineer's Rules and Regulations for the South Platte River. These rules state that all tributary wells, such as those listed above, must be operated under an approved plan for augmentation in order to prevent injury to senior water rights. We have checked our records and cannot find that these wells are operating under an approved plan for augmentation. Therefore, our Division Engineer will take the necessary steps to shut down these wells if they are found to be operating until an approved plan for augmentation has been obtained. Therefor, to our knowledge, the applicant does not have a legal water supply source for the mining operation.