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~r \ . .- ~ ' RICHARD D. LAMM Governor -593H ~ Ill lllllllllllll III JERIS A. DANIELSON State Engineer OFFICE OF THE STATE ENGINEER DIVISION Of WATER RESOURCES 1313 Sherman Street-Room 818 RECEIVED Denver, Colorado 80203 (303) 866-3581 November 29, 1983 NOV 30 1983 MINED LAND RECLAMATION DIVISION Colo. Dept. of Natural Resources MFSIORANDUM TO: Mike Stanton, Mined Land Reclamation I,~Q FROM: Hal D. Simpson, Assistant State Engineefi"" p SUBJECT: Mathias Concrete, Inc., Alamosa Pit k2 Application for Mining and Reclamation Permit As requested, we have reviewed the above referenced application for a gravel pit near Alamosa. The application indicates that the additional pond area created by mining will be reclaimed for fish and wildlife. Using an impound- ment of water for recreal:ional purposes, including fishery and wildlife, has been defined in CRS 1973„ 37-92-103, as putting the water to beneficial use. Since the source of water for the expanded pond area that will be created by the gravel pit operation is ground water and the ground water will be used beneficially, we require that a well permit be obtained from our office. The well permit must be obtained prior to increasing the water surface area of the gravel pit. Otherwise, Mlathias will be in violation of CRS 1973, 37-90-137. Since the gravel pit is located in 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. Mathias should first file fora well permit with this office. The well permit will be denied since the proposed gravel pit is located in the over-appropriated Rio Grande basin. Before receiving this denial, Mathias could submit a plan for aug- mentation to the Water Court. The augmentation plan should replace the out -of-priority consumptive use associated with lake evaporation and any other out-of-priority consumptive uses. Upon the court's approval of the plan for augmentation, this office can issue the well permit. The Water Court can only act upon the plan for augmentation after we have denied the original well permit application or if t,re have not acted upon the well permit application within six months. Mathias has provided insui~ficient information concerning the use of water in the mining operation. In order for us to comment, we would need to know the quantities of water to be used for processing, dust control, and other pur- poses. We would also need to know the sources of water for the operation and