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<br />Mined Land REclamation <br />May 27, 1981 <br />Page 2 <br />The applicant states that the Division of Water Resources does not, at <br />this time, have authority to require augmentation of evaporative waters <br />from the lake. The State Engineer must review any application for a permit <br />to use ground water and determine if any injury will occur to downstream <br />water rights as a result of his issuing the permit in accordance with <br />37-90-137(2). Since the reclaimed gravel pit will result in evaporation <br />from the lake surface which will indeed cause a change in the hydrologic <br />balance and thus reduce the amount available to downstream users, the <br />applicant will have to provide augmentation water for these losses. If <br />it is found that the applicant has begun to excavate the gravel pit and <br />has not obtained the permit to use ground water, we may be forced to enforce <br />the State Engineer's authority to his powers to enter cease and disist <br />orders against the applicant. <br />Hal D. Simpson, .E. <br />HDS/RLS:pkr <br />cc: Lee Enewold, Div. Eng. <br />