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__. RICHARD D. LAMM Governor • iiiiiiiiiiiiiitiiii JERIS A. DANIELSUrv Slate Engineer OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 August 2, 1985 MEMORANDUM T0: James B. McArdle, Mined Land Reclamation Div FROM: Hal D. Simpson, Deputy State Enginee r~ //I""' SUBJECT: Ed Loloff Construction, Inc., #M-85-112 ~- , As requested, we have reviewed the above referenced application f r a permit to mine sand and gravel on 55.2 acres, 1.5 miles northeast of Gre ley, Colo- rado, in Weld County. The application states that the proposed f ture use of the area is as a wildlife habitat. Using an impoundment of water for recreational purposes, including fishery and wildlife, has been defined in Section 37-92-103, CRS (1973), asp tting the water to beneficial use. Since the source of water for the new p~nd that will be created by the gravel pit operation is ground water and the gr and water will be used beneficially, we require that a well permit be obtai ed from our office. The well permit must be obtained prior to excavation of he new gravel pit area. Otherwise, Ed Loloff Construction will be in vi lation of Section 37-90-137, CRS (1973). Since the gravel pit is located i an over- appropriated basin, the well permit could not be obtained until a court approved plan for augmentation has been developed. The correct procedure to obtain a well permit is as follows. Ed Uoloff Construction should first file for a well permit with this office., The well permit will be denied since the proposed gravel pit is located in~the over-appropriated South Platte River basin. Before receiving this) denial, Ed Loloff Construction could submit a plan for augmentation to the W ter Court. The augmentation plan should replace the out-of-priority consumptive use asso- ciated with lake evaporation and any other out-of-priority consum tive uses. Upon the court's approval of the plan for augmentation, this offi~e can issue the well permit. The Water Court can only act upon the plan for ugmentation after we have denied the original well permit application or if wq have not acted upon the well permit application within six months.