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