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<br />Mr. Mark S. Loye <br />November 20, 1985 <br />Included in this application is a copy of the water supply plans for each of <br />the previous operations. The plan for the southern 30 acres (Pinewood <br />Estates) states that "water supply for make-up water for the lake evaporation <br />losses will be from the existing shallow irrigation wells utilizing GASP as an <br />augmentation plan. An application for change in use for these wells is being <br />filed in Water Court". We can find no record of an application for change of <br />use for wells 1-0293 and 2-0292 being done. Any contract with GASP <br />(Groundwater Appropriators of the South Platte) should be submitted to our <br />office for our review. Our comments in the letter, dated June 18, 1980 <br />concluded, "until more information is provided on augmentation of evaporative <br />losses, we cannot recommend approval of the mining permit". We have received <br />no additional information. If these wells are being used for uses other than <br />those permitted, they are in violation of their permit, and a cease and desist <br />order can be issued to stop their use. <br />The water supply plan for the northern 42.75 acres (Sandy Acres) mentions that <br />water for crushing, dust suppression, and other mining operations will be <br />supplied from the lake resulting from the mining operations or from an <br />existing well. The lake will be utilized as an alternate point of diversion <br />for the well. A water court decree and well permit would be required before <br />the lake could be used as an alternate point of diversion and we have no <br />record of either being filed. The plan also states "an application is in <br />process for a change of use for the well from the present irrigation use to <br />irrigation and commercial use, Make-up for consumptive use for the crushing <br />and dust suppression will be supplied through GASP or a similar program". <br />Again, we can find no record of such an application. Until a change of use is <br />obtained, a cease and desist order can be issued to stop the uses of these <br />wells which are in violation of the permitted uses. <br />Until an adequate plan to augment for the evaporative losses from the lakes <br />surface is approved by Water Court, Colorado Sand and Gravel will not be in <br />compliance with C.R.S. 37-90-137 and our Division Engineer may order them to <br />cease operations if he determines there is a beneficial use of ground water <br />occurring. <br />We cannot recommend approval until these water supply questions are adequately <br />answered. We stated this when each individual application was originally <br />referred to us and see no improvements in the combined application. <br />HDS/JCM/pdt/6353H <br />