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~` , - •~.- • Mined Land Reclamation Page 2 July 27, 1983 than compensates for pond evaporation and other losses from mining. While we commend La Poudre Sand and Gravel for making this analysis, we have the following questions and problems concerning the analysis. 1. The landscape area is used in computing pond evaporation loss. Shouldn't. the pond surface area have been used to determine evapora- tion loss? 2. Three Acre Lake was decreed to be used for lands in Section 18 and, therefore, should not be used in Section 19. Illegal uses which have occurred in ttu past could not be considered in a plan for augmenta- tion. Even if water could be used in Section 19, the storage right Eor the lake is very junior atd probably would not be considered as an adequate source for augmentation water. 3. If water will be used for dust control or concrete mixing, replace- ment water should be included in the plan for augmentation. Water from Eaton Ditch could not be used for either dust control or con- crete mixing unless this change of use was included as part of the plan for augmentation or in a separate change of use decree. • 4. The point of recharge for any replacement water should be into the gravel pits. ~' 5. Holding pond water pumped to a ditch must be allowed to flow undepleted to the river. We will look at any revised plan for augmentation in detail when it is filed in the Water Court. 'fhe application states that since no dewatering is anticipated, there should be a minimal affect on the water table on the property or adjoining proper- ties. While this may be correct, we feel if they have not done so, La Poudre Sand and Gravel should meet with the owners of the Whitney and Eaton ditches and any well owners in the area to resolve concerns they may have about the proposed mining operation. In summary, we would not object to this operation if La Poudre Sand atd Gravel gets court approval of an augmentation plan, obtains a well permit, and coor- dinates with other water users in the area. However, we will order La Poudre Sand and Gravel to cease operations if our Water Commissioner determines ground water is being exposed without a well permit. IiDS/JRll:ma cc: Jim Clark, Div. Eng.