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<br />• <br />STATE, <br />III IIIIIIIIIIIII III <br />999 <br />OF COLORADO <br />OFFICE OF THE STATE ENGINEER <br />Division of Water Resources <br />Department o(Natural Resources <br />1313 Sherman Street, Room Bl B <br />Denver, Colorado BO_'03 <br />Phone 1303) Bbb-3581 <br />FAX (303)866-3589 <br />August 18, 1993 <br />Mr. Alan Leak <br />WRC Engineering, Inc. <br />1660 S. Albion Sweet, Suite 500 <br />Denver CO 80222 <br />/ ~ - ERT', <br />Fin <br />~. <br />RE: Valco's Substitute Water Supply Plans <br />Canon City East Pit, M77559 <br />~ , Rocky Ford East Pit, M77560 J <br />Lamaz East Pit, M77572 <br />Pueblo West Pit,M77573 <br />Pueblo Barnhart Pit, M84008 <br />Pueblo East Pit, M86015 <br />Water Division 2 <br />Dear Mr. Leak: _. ___~-~' <br />MAIL, NUMBER P 764 069 564 <br />Est for Information <br />~~~"~' <br />~ p. <br />In 1989, the Colorado Legislature passed Senate Bill 120 which affects any gravel pit in <br />operation after December 31, 1980. Senate Bill 120 requires any gravel pit which exposed ground <br />water to the atmosphere after December 31, 1980 to replace water lost from the local stream <br />system. Pursuant to Sections 37-90-137(11)(a)(1) and (II), C.R.S.(1990), a well permit and <br />substitute water supply plan or court-approved augmentation plan must be obtained for a gravel <br />pit. <br />Our records indicate that payment of fees and a submittal of water supply plans were made <br />for Valco's operations on July 13, 1990. As delegated through this legislation, the water supply <br />plans were reviewed by our consultant, Rocky Mountain Consultants, and were found to be <br />insufficient to conclude there was a viable plan to physically offset out-of-priority diversions. A <br />review of the file shows that you were contacted by a letter dated May 20, 1992, a copy which is <br />attached, requesting additional information regazding the supply plans. To date, neither Rocky <br />Mountain Consultants nor this office has received a complete and adequate response from you. <br />Upon receipt of this letter, you are hereby Qiven 30 days to respond to the State En¢irteet's <br />Office and provide ALL the requested information as stated in the attached letter. Failure to <br />respond with the submittal of this information may result in the disapproval of the water supply <br />plans. Appropriate legal action, including injunctive relief, attorneys' fees and triple damages, may <br />be pursued against you, the landowner, and any other users of the waters diverted out-of-priority <br />through the gravel pit in accordance with Sections 37-92-502, 503 and 504, C.R.S.(1990). <br />~I.;iJ~~)Jl )) <br />AUG 20 1983 <br />oc cow <br />A~ 4 <br />7O <br />/-~.i :: O <br />.r~~ <br />/876 ~ <br />Rov Romer <br />Governor <br />Ken Salazar <br />E~ecuiive D~reaor <br />Hal D. Simpson <br />Siaie Engineer <br />Dn~l~tcn <br />CIA 4~e1~'rS <br />n hr`y°~iy <br />