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~ ~ 11111111111111lIIll <br />STATE OF COLO1ZAUv <br />OFFICE OF THE STATE ENGINEER <br />Division of Water Resources <br />Department o(Natural Resources <br />1313 Sherman Street, Room 81 B <br />Denver, Colorado 80203 <br />Phone (303) 866-3581 <br />FAX 13031 866-3589 <br />Mr. Alan Leak <br />WRC Engineering, Inc. <br />1660 S. Albion Street, Suite 500 <br />Denver CO 80222 <br />August ] 8, 1993 <br />Valco's Substitute Water Supply Plans <br />Canon Ciry East Pit, M77559 <br />Rocky Ford East Pit, M77560 <br />Lamaz East Pit, <br />Pueblo West Pit,M77573 <br />Pueblo Barnhart Pit, M84008 <br />Pueblo East Pit, M86015 <br />Water Division 2 <br />•,~ <br />Dear Mr. Leak: - _ <br />~F-~sf-1i•J~1) <br />ti. <br />AUG 2 ~ 19g3 <br />~11'1`1Gr <br />C•1 n~l'11CrL .. <br />6 VCUi; •9 <br />y <br />of Soto <br />ti~ R <br />'e" O <br />~'~ <br />Roy Romer <br />Governor <br />Ken Salazar <br />Execolive Direc~nr <br />Hal D. Simpson <br />Scare Enpinee~ <br />MAIL, NUMBER I' 784 069 564 <br />st for Information <br />~z~ <br />_~~ <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 (11), C.R.S.(1990), a •//ell 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 regarding the supply plans. To dale, neither Rocky <br />Mountain Consultants nor this office has received a complete and adequate response from you. <br />Office and provide ALI. 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 triale damages, may <br />be pursued against you, the landowner, and any other users of the waters diverted out-of-priority <br />tluoagh the gravel pit in accordance with Sections 37-92-502, 503 and 504, G.F:.S,(1990). <br />