Laserfiche WebLink
%~'... • <br />I <br />~. - <br />OFFICE OF THE STATE ENGINEER <br />'sion of Water Resources ~ ~'~ <br />,artment of Natural Resources <br />1313 $hemwn SueeC Room 818 <br />Denier, Colorado 80203 <br />Phone (7031 866.1581 <br />FAX (3031 866-3589 <br />STATE O~COLORAD'O <br />December 12, 1994 <br />CERTIFIED RECEIPT NO. P 296 607 1 14 <br />John Ungefug <br />Southwest Ready Mix, Inc. <br />117 White Pine Dr. <br />Alamosa, CO 81101 <br />RE: Rich Pit, DMG # M-85-218 <br />Sections 33, 34 8 35, Township 20 South, Range 63 West <br />Section 2, Township 21 South, Range 63 West <br />Dear Mr. Ungefug: <br />p° e4o <br /><~ <br />.~\, <br />~ 196 ~ <br />Foy Romer <br />Cmemar <br />lames S. Lochhead <br />E.ecuu.e D~reclor <br />Hal D. $~mpwn <br />Slate Engineer <br />In 1989, the Colorado Legislature passed Senate Bill 120 which requires any gravel pit in <br />operation after December 31, 1980 which exposes ground water to the atmosphere after that <br />date to have a valid well permit. It also requires that substitute water supply plans or court- <br />approved augmentation plans be obtained for these pits to replace all water lost so as to prevent <br />injury to other water rights. <br />Pueblo County recently requested our comments on an amendment to Special Use Permit <br />No. 570 which encompasses your gravel mining and batch plant operation known as the Rich <br />Pit. Review of that submittal and of Division of Minerals and Geology file M-85-218 indicate that <br />excavation at your..operation flas resulted in exposure of ground water. In 1985, Southwest <br />Ready Mix zpp!ied for a wall permit, to dawater.and address Lhe evaporations off of the pit, ht.~t <br />the application was denied file no. AD-11060) due to the fact that there was no plan to prevent <br />injury to other water rights. Because your existing pit does not have a permit, it is an illegal well- <br />Southwest. Ready Mix did apply in Water Court in 1987, case no. 87CW22, for a plan for <br />augmentation to replace the evaporative depletions from this pit: However, that. plan has never.: <br />been decreed, and an amendment to the plan filed in October_ of 1993 was opposed by our office ::a> <br />due to its deficiencies. ft _does not appear that this case will be approved in the near future; ~ <br />Be advised that as an unpermitted illegal well, your pit is subject to orders to cease use <br />and stop all illegal diversions of ground water. Legal assistance from the Attorney General's <br />office will be sought to ensure compliance wfth statutory provisions for all pits operating without <br />the necessary permRs or plans. To remedy this situation and obtain a grave! pit well permit, <br />approval of a substitute water supply plan which replaces all water lost to the Arkansas River <br />system must be obtained from this office. The substitute water supply plan must provide <br />replacement water in amount, location, and time so as to prevent injury to other vested water <br />