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OFFICE OF THE STATE ENGINEER <br />Division of Water Resources <br />Department of Natural Resources <br />1313 Sherman Sveet, Room 878 <br />Denver, Co~Oradu 80203 <br />Phone (303) 866-3581 <br />FAX 1303) 866-3589 <br />~- STATE O~ <br />Mr. Bill Timmons <br />Ready Mixed Concrete Co. <br />P.O.B. 2290 <br />Denver, CO 80216 <br />Ill IIIIIIIIIIIIIIII <br />COLORADO <br />~FCE~~ED <br />MAR 0 g 1995 <br />pF COrO <br />4~.- `~ <br />is <br />. ~,. <br />s <br />r8i6 ' <br />Roy Romer <br />Cgvernor <br />lllvi lames 5. Lahhead <br />SIOq O! ryglirlglS Fserutim Director <br />~ Geolo9Y Flab o. simpsnn <br />Slate Engineer <br />CERTIFIED MAII. NO. P-175-900-244 <br />Disapproval of Water Supply PL;n <br />RE: West Bromley Lakes, DMG No. M-87-049 <br />SW'/a SE'/~ Sectioq 12, T1S, R67W, 6PM <br />Water Division 1, Water District 2, Adams County <br />Dear Mr, Timmons: <br />This letter is to acknowledge receipt of your request for a substitute water supply plan for the aforementioned <br />gravel pit. The proposed plan involves using consumptive use credits from die McCanne Ditch. This water <br />right was decreed for 4 cfs from springs on August 2, 1918 with an appropriation date of Match 16, 1882 for <br />irrigation on specified lands. As such, this water right is fairly junior is the South Platte River basin. <br />However, the subject decree classified this water as nontributary and thus not subject to administration by the <br />State Engineer in the priority system. <br />If this water right were to be used for augmentation purposes, we would evaluate the historic consumptive use <br />of this right assuming We water right was tributary and thus administered in the priority system. Consequently, <br />the historic consumptive use credit would be diminished significantly. Therefore, we would find this <br />replacement source to be insufficient to physically offset out-of-priority depletions caused by evaporation after <br />December 31, 1980. The water supply plan is hereby disapproved and you must obtain anoUier replacement <br />source to replace out-of-priority depletions associated with Uie gravel pit. Failure to comply may result in legal <br />action, including injunctive relief, attorney's fees and triple damages, being filed against you, Ute landowner, <br />and any other users of the waters diverted out-of-priority putsuantto §37-92-502,503 and 504, C.R.S. <br />Sinc rely, <br />Hal D. Simpson, P.E. <br />State Engineer <br />HDS/dw;disapprv.ltr <br />cc: Alan Berryman, Division Engincer <br />Bob Stahl, Water Commissioner <br />Gary Curtiss, Division of Minerals and Geology <br />Gary Witt, Wright Water Eogincets <br />Tom Hatton, Hatton Water Consultants <br />Fiie M-87-049 <br />Match 6, 1995 <br />~~ ~j`'~ <br />Dick Wolfe, P.E, <br />Water Supply Branch North Region <br />