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,~ <br />- RICHARD D LAMM <br />- Governor <br />9 88ti11 <br />r <br />Dt ~ V <br />~~~~111111111 ~ <br />111111111 <br />999 <br />{ ~a 7 {i i <br />JERIS A. DANIELSON <br />Slrle Engineer <br />OFFICE OF THE STATE ENGINEER <br />DIVISION OF WATER RESOURCES <br />7373 Sherman Sfreet-Room 878 ~~~~~~~~ <br />Denver, Colorado 80203 <br />(303) 866-3587 <br />July 27, 1983 <br />MEMORANDUM <br />t'G ~ i~83„~~ - <br />MINED LAA+D RECLAM,gTIOPJ <br />Cole. Dept. of Matural Resource <br />T0: Mined Land Reclamation, Attn: Peter O'Con,/ner ' <br />FROM: Hal D. Sil~pson, Assistant State Engineer /~jD~ <br />SUBJECT: La Poudre Sand 8 Gravel Co., Application for Mining and <br />Ceclamation Permit, 183-90 <br />As requested, we have reviewed the above referenced application for a gravel <br />pit near Windsor. The application indicates that the ponds created by mining <br />will be used for fishery and wildlife. Using an impoundment of water for <br />® recreational purposes, including fishery and wildlife, has been defined in CRS <br />1973, 37-90-103, as putting the water to beneficitll use. Since the source of <br />water for the ponds that will be created by the gravel pit operation is ground <br />water and the ground water will be used beneficially, we require that a well <br />permit be obtained from our office. The well permit must be obtained prior to <br />excavation of the gravel pit. Otherwise, La Poudre Sand and Gravel will be in <br />violation of CRS 1973, 37-90-137. Since the proposed gravel pit would be <br />located in an over-appropriated basin, the well permit could not be obtained <br />until a court approved plan for augmentation has been developed. <br />The correct procedure to obtain a well permit is as follows. La Poudre Sand <br />and Gravel should first file for a well permit with this office. The well <br />pernlit will be denied since the proposed gravel pit is located in the over- <br />appropriated Cache La Poudre River basin. Before receiving this denial, La <br />Poudre Sand atd Gravel could submit a plan for augmentation to the {Pater <br />Court. The augmentation plan should replace the out-of-priority consumptive <br />use associated with lake evaporation and any other out-of-priority consumptive <br />uses. Upon the court's a proval of the plan for augmentation, this office can <br />issue the well permit. Tire Water Court can only act upon the plan for augmen- <br />tation after we have denied the original well permit application or if we have <br />not acted upon the well permit application within six months. <br />I,a Poudre Sand and Gravel is aware of the need to mitigate for injury to <br />senior water rights caused by mining. Section G of the application contains a <br />water balance analysis by Resource Consultants, Inc. This analysis shows that <br />the water saved by reducing the irrigated acres in the mine site area more <br />e <br />