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• ~ III IIIIIIIIIIIII III STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1317 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303)866-3581 FA% (3031 866-1589 FtE~'~\vG0 ~ ~gg3 ~~N May 27, 1993 pwlslpP°tMu~ela~~ut,co9Y gF'f:p~ R` Me~. • +evs • RoY Romer Governor Ken Salazar Executive Di+cclor Hal D. Simpson Stale Engineer Mr. Lee Morrison Weld County 915 Tenth Street Greeley, Colorado 80631 ~~ I 1.~~ CERTIFIED MAIL N0. P 784 069 572 Final Request for Information RE: Hokestra P' M80149 NE 1/4, Sectl ,and Si/2, Section 35, T3N, R68W, 6th P.M. Water Division 1, Water District 5, Weld County Dear Mr. Morrison: In 1989 the Colorado Legislature passed Senate Bill 120 which affects any gravel pit in operation after December 31, 1980. Senate Bill 120 requires any gravel pit which exposed ground water to the atmosphere after December 31, 1980 to replace water lost from the local stream system. Pursuant to Sections 37-90-137(t1)(a)(I) and (II), C.R.S.(1990), awell permit and substitute water supply plan or court-approved augmentation plan must be obtained for a gravel pit. Our records indicate that payment of fees and a submittal of a water supply p{an was made for the operation on June 16, 1990, As delegated through this legislation, the water supply plan was reviewed by our consultant, Wright Water Engineers, Inc., and was found to be insufficient to conclude there was a viable plan to physically offset out-of-priority diversions. A review of the file shows that you were contacted by letters dated March 18, 1991 and October 22,1991, copies of which are attached, requesting additional information regarding the supply plan. On November 15, 1991, you requested until January 18, 1992 to complete the supply plan. To date, neither Wright Water Engineers, Inc. nor this office has received a complete and adequate response from you. Upon receipt of this letter. you are hereby given 30 days to respond to the State Engineer's Office and provide ALL the requested information as stated in the attached letters. Failure to respond with the submittal of this information may result in the disapproval of the water supply plan. Appropriate legal action, including injunctive relief, attorneys' fees and triple damages, may be pursued against you, the landowner and any other users of the waters diverted out-of-priority through the gravel pit in accordance with Sections 37-92-502, 503 and 504, C.R.S.(1990). If the plan is disapproved for the gravel pit operation which exposed ground water after December 31, 1980, triple fees may be assessed when another water supply plan is submitted.