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,~'~ <br />rn-~ati9 -oo <br />~~ <br />Gt,~ G~~+~.pla:rr~- <br />STATE OF COLORADO <br />OFFICE OF 7HE STATE ENGINEER <br />Division of Water Resources <br />Department of Natural Resources <br />1313 Sherman Street, Room 818 <br />Denver, Colorado 80203 January 22, 2003 <br />Phone (303) 866-3581 <br />FAX (303) 866-3589 <br />www.watecstate.co.as ` <br />Mr. Bruce Wilson <br />Wilson Farms <br />9268 WCR 28 <br />Platteville, CO 80651 <br />Re: Permit No. 52945-F <br />Dear Mr. Wilson, <br />OF' Cpl <br />ye <br />~~ ~~ <br />0 <br />+ o •: <br />• Y <br />a18]6~ <br />Bill Owens <br />Covemor <br />Creg E. Walther <br />Ezecutlve Direcror <br />Hal D. 6impson, P.E. <br />State Engineer <br />Allow me to first apologize for the delay in sending a response to you. Kevin <br />Rein just recently presented to me with your request for a letter, although he did address <br />the issue with me immediately after meeting with you. Please know that it was not <br />Kevin's intention to take your situation lightly. <br />Your question has to do with the operation of the Kurtz Resource Recovery <br />Gravel Pit (DMG No. M99-006), The operator of the gravel pit currently has permit no. <br />52945-F to expose water in that pit. The gravel pit operates pursuant to a temporary <br />Substitute Water Supply Plan ("SWSP") that was approved by our office. The <br />application for the gravel pit permit was originally submitted to this office on May 28, <br />1999. In Item 9 of the application, the applicant states, "While mining, the pits will be <br />dewatered at a maximum pumping rate of 0.72 MGD (1.12 cfs). At this rate, the annual <br />amount of diversion is 807 acre-feet." You have asked whether the Gravel Pit Well <br />Permit Application is an associated document upon which the permit is conditioned. <br />This is in reference to the rate at which the well is being dewatered. You also ask <br />related questions pertaining to the conditions of approval on the permit, injury, <br />administration, and enforcement by the Division of Water Resources. I would like to <br />answer all of your questions with the following discussion. <br />The underlying premises that guide the evaluation of any request to put ground <br />water to benef+cial use is that there should be water available and the beneficial use of <br />the water should not cause material injury to other water rights. The uses at this <br />location, as you have seen on the permit, are evaporation, water lost in product, and <br />dust control. Additionally, we know that the gravel pit is "dewatering", or pumping water <br />from the excavated area to allow for "dry-mining". Since water is consumed from the site <br />and the ground water is tributary to the South Platte River we know that the operation <br />could cause injury to senior appropriators on the South Platte River. Therefore, without <br />the SWSP, the applicant could not operate the pit. <br />The SWSP is a mechanism provided for by state statute that allows the operator <br />to determine the amount of water being consumed by the operation and the amount of <br />time it takes the depletion to impact the river. Then, the applicant may acquire <br />alternative sources of water and use them to replace the depletions to the river in the <br />same time, location, and amount. There is another aspect of injury that is sometimes <br />referred to as "well-to-well injury". In addressing this aspect the state statutes state that <br />a well permit such as the one for this pit cannot be issued if there is another well within <br />600 feet. The exception is that a well permit can be issued after a hearing if the State <br />