Laserfiche WebLink
FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />WATER <br />11. The Applicant is obligated to comply with applicable Colorado water laws governing injury to existing <br />water rights. The Applicant must project the amount of water from each source that it will use to supply <br />the operation. Construction Materials Rule 3.1.6(1)(a); 6.4.7(4). <br />12. The Applicant estimates its water needs at approximately 379 acre feet of water per year. The Applicant <br />has obtained three well permits from the State Engineer's Office for withdrawing non-tributary <br />groundwater: The three well permits allow withdrawal of groundwater totaling 228.3-acre feet per year. <br />l3. These wells should not injure the Objectors' rights to water from [heir wells because the Applicant's <br />well draws water from an aquifer that is deeper than the domestic wells in the area, and which is isolated <br />from those domestic well. <br />14. The Applicant also purchased a water rights lease for 250 acre-feet per year from the Pueblo Board of <br />Water Works as a source of water for the operation. <br />15. It is undisputed that the Applicant's right to water pursuant to its (ease has been suspended because of <br />current drought conditions. The Applicant is not required to have a guaranteed quantity of water <br />available, rather, they are required to indicate the projected amount from each of the named sources to <br />supply the project requirements. The Applicant has projected the amount available from the lease. This <br />water need is estimated for the life of the mine and is projected to be available once drought conditions <br />tmprove. <br />16. If drought conditions do not improve, the Applicant may be forced to modify its opem[ions, or purchase <br />another water right. <br />17. Even if the drought conditions were to persist, the Applicant has the right to more water than is <br />necessary even for the peak demand of the proposed operation. The Applicant could modify its <br />operations to compensate for less available water, or purchase additional water rights, if necessary. <br />