GENERAL35168 - Laserfiche WebLink

Home Browse Search

9ooker v. dined Lard Reclamation, et al. Case No. Page 3 ground waters to beneficial use by means of recreation. In addition, it appears from the application that Goss intends to utilize alluvial ground water for the washing of the removed sand and gravel, and possibly for other associated mining and/or reclamation purposes. 8. The alluvial around water intended to be used and/or exposed by Goss in the proposed mining and reclamation operation is rr.tirely "designated ground water" within the meaning of § 37-90-103(6), C.R.S., as determined by the Colorado Ground I•iater Commission ("Commission") in its May 1, 1968 Order establishing the Designated Basin. 9. Fursuant to § 37-90-1Ci(1), C.R.S., "[a]ny person desiring to appropriate ground water for beneficial use in designated ground water basins shall make application. to the Commission in a form to be prescribed by the Commission .". 10. Pursuant to 5 37-90-10',(4), C. to appropriate designated ground water shall alia, "there are no unappropriated waters source," or "the proposed appropriation would existing water rights from such sources, . R.S., an application be denied if, inter in the designated unreasonably impair .' . 11. The alluvial system in which the Goss Property and the above-described Rooker properties are located is overappro- priated and any new appropriation from that source could unrea- sonably impair the Bookers' existing water rights. The Commis- sion has denied all apply.cations for new non-exempt appropria- tions from this alluvial system for at least the last ten (10) years as a result of such overappropriation. 12. As of November 25, 1985, the date of the Board's approval of the Goss Application, Goss had not obtained the approval of, or made application to, the Commi=_sion for a new appropriation of designated ground water for use in the proposed mining operation, and reclamation program. 13. Goss awns water rights defined by Final Permit Nos. 15389-FP, 20',.6-FP and 4332-FP issued by the Commission on October 1, 1984 and by the August 13, 1976 Findings of Fact, Conclusions, and Order of the Commission, copies of which are attached hereto as Appendices D, E, F and G and incorporated herein by this reference. Said Findings of Fact, Conclusions, and Order remain sub;ect to the de r.ovo review of the E1 Paso County District Court in Civil Action No. 95137 upon remand from