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~JV r!~- <br />III III I II I II IIII III <br />999 <br />OF COLORADO <br />OFFICE OF THE STATE ENGINEER <br />Division of Water Resources <br />Department of Natural Resources <br />1313 Sherman Street, Room 818 <br />Denver, Colorado 80203 <br />Phone 1303) 866-3581 <br />FAX (3031 866-3589 <br />December 28, 1994 <br />Mr. Fred Frei <br />0775 Road 335 <br />New Castle, CO 81647 <br />Final <br />RE: S37t Pit (aka Flag Sand & Gravel), M81202, <br />SW+/a, NW'/., Section 12, T6S, R92W, 6th P <br />Water Division 5, Water District 45 <br />Deaz Mr. Frei: <br />qN C~r~~~O <br />~~.1995 <br />M/nera~s & ~~o%9y <br />OF ~Olp <br />~~ <br />qe <br />• rave <br />Roy Romer <br />Gmemor <br />James 5. Lochhead <br />Executive Dlre'C10r <br />Hal D. Simpson <br />Slate Engineer <br />MAIL, NO. P 296 607 117 <br />st for Information <br />County <br />In 1989 the Colorado Legislature passed Senate B' 120 which affects any gravel pit in <br />operation after December 31, 1980. Senate Bill 120 require any gravel pit which exposed ground <br />water to the atmosphere after December 31, 1980 to rep ce water lost from the local stream <br />system. Pursuant to §37-90-137(11) (a)(1) and (11), C.R.S.(1 90), a well permit and substitute water <br />supply plan or Court approved augmentation plan must be brained for a gravel pit. <br />Our records indicate that a submittal of a water su <br />of fees was received on July 16, 1990. As delegated throe <br />was reviewed by our consultant, Rocky Mountain Con: <br />conclude there was a viable plan to physically offset out-. <br />shows that you were contacted by letters dated February <br />and December 6, 1993, copies which aze attached, reques <br />supply plan. To date, Rocky Mountain Consultants nor <br />adequate response from you. <br />Office and provide ALL the requested information as statr <br />respond with the submittal of this information may result i <br />plan. Appropriate legal action, including injunctive relief, a <br />be pursued against you, the landowner and any other user: <br />through the gravel pit in accordance with §37-92-502, 503 <br />~ plan for your operation and payment <br />this legislation, the water supply plan <br />alts, and found to be insufficient to <br />tioriry diversions. A review of the file <br />1992, October 7, 1992, June 24, 1993 <br />additional information regarding the <br />office, has received a complete and <br />d in the attached letters. Failure to <br />t the disapproval of the water supply <br />torneys' fees and triple damages, may <br />of the waters diverted out-of-priority <br />tnd 504, C.R.S.(1990). <br />