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III IIIIIIIIIIIII III ~ <br />999 <br />OFFICE OF THE STATE ENGINEER <br />Division of Water Resources <br />Department or Natural Resources <br />1313 Sherman Street, Room 818 <br />Denver, Colorado 80203 <br />Phone (3031 866-]581 <br />FAX (303) 866-3589 <br />• <br />STATE OF COLORADO <br />~ coto <br />a~~ <br />„e~/ <br />~ tBt6 ~ <br />December 12, 1994 <br />CEATIFIED RECEIPT NO. P 296 607 114 <br />John Ungefug <br />Southwest Ready Mix, Inc. <br />117 White Pine Dr. <br />Alamosa, CO 81101 <br />Roy Romer <br />Gaemor <br />lames 5. Lochhead <br />Ezecutive DireGOr <br />Hal D. Simpson <br />State Engineer <br />~~~ <br />~` ~ <br />~~G yLp ~~' eo~o~~ <br />G <br />o~ <br />RE: Rich Pit, DMG # M-85-218 Q>J`5~~ <br />Sections 33, 34 8t 35, Towf3ship 20 South, Range 63 West <br />Section 2, Township 21-South, Range 63 West <br />Dear Mr. Ungefug: <br />In 1989, the Colorado Legislature passed Senate Bill 120 which requires any gravel pit in <br />operation after December 31, 1980 which exposes ground water to the atmosphere after that <br />date to have a valid well permit. It also requires that substitute water supply plans or court- <br />approved augmentation plans be obtained for these pits to replace all water lost so as to prevent <br />injury to other water rights. <br />Pueblo County recently requested our comments on an amendment to Special Use Permit <br />No. 570 which encompasses your gravel mining and batch plant operation known as the Rich <br />Pit. Review of that submittal and of Division of Minerals and Geology file M-85-218 indicate that <br />excavation at your operation has resulted in exposure of ground water. In 1985, Southwest <br />Ready Mix applied for a well permit to dewater and address the evaporations off of the pit, but <br />the application was denied (file no. AD-11060) due to the fact that there was no plan to prevent <br />injury to other water rights. Because your existing pit does not have a permit, it is an illegal well. <br />Southwest Ready Mix did apply in Water Court in 1987, case no. 87CW22, for a plan for <br />augmentation to replace the evaporative depletions from this pit. However, that plan has never <br />been decreed, and an amendment to the plan filed in October of 1993 was opposed by our office <br />due to its deficiencies. It does not appear that this case will be approved in the near future. <br />Be advised that as an unpermitted illegal well, your pit is subject to orders to cease use <br />and stop all illegal diversions of ground water. Legal assistance from the Attorney General's <br />office will be sought to ensure compliance with statutory provisions for all pits operating without <br />the necessary permits or plans. To remedy this situation and obtain a gravel pit well permit, <br />approval of a substitute water supply plan which replaces all water lost to the Arkansas River <br />system must be obtained from this office. The substitute water supply plan must provide <br />replacement water in amount, location, and time so as to prevent injury to other vested water <br />