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.~ Ms. Suzanne Benton July 30, 1996 -Rio Grande County Pits Page 2 c) The Division's data processing system has been corrected to reflect the 9.4-acre permit area. 5) 11-MILE SOUTH PIT (M-78-070) a) All the problems have been resolved. b) The permit size is 9.0 acres. 6) DEL NORTE PIT (M-78-071) a) All but one of the problems have been resolved. b) Groundwater has been encountered in the excavated pit, but Rio Grande County does not have sufficient water rights to replace evaporative losses. Here, again, there are two possible solutions. One, backfill the pit to above groundwater level or two, acquire sufficient water rights to replace evaporative losses. As Mr. Vander Horst, Water Resources Engineer, pointed out in his February 22, 1996 letter, the County must backfill the pit, submit a plan for augmentation or submit a substitute water supply plan. c) The permit size is 35 acres. 7) SOUTH FORK PTT (M-87-019) a) All the problems have been resolved. b) The permit size is 9.9 acres. 8) 374 PTT (M-87-020) a) This operation was converted to a 112 Regular Permit on February 16, 1996. Water rights issues were thought to have been resolved with the submittal of an agreement between Rio Grande County and the Rio Grande County Water Users Association and the San Luis Valley Water Conservancy District. The agreement provides for using the 374 Pit as a recharge facility. However, the Division received a letter from Mr. Keith Vander Horst, Water Resources Engineer, on February 22, 1996 which states that the use of the pit in a recharge project does not relieve the county of the obligation to replace evaporation from post-1980 groundwater exposure and that backfilling, a plan for augmentation, or a substitute water supply plan appears needed. This means we are back to square one with resolution of the water rights issues.