Laserfiche WebLink
i = TUTTLE APPLEGATE, INC. <br /> Consultants for Land and Resource Development <br /> November 26 , 1991 <br /> Mr. Purushottam Dass <br /> Office of the State Engineer <br /> 1313 Sherman Street, Room 818 <br /> Denver, CO 80203 <br /> Dear Mr. Dass: <br /> I am writing this letter with regard to your letter of November 4, <br /> 1991, to Mr. Rod Allison at Weld County. Your letter contained <br /> comments regarding Idaho Creek Resources. This project is an <br /> application to Weld County for zoning approval of a sand and gravel <br /> operation. <br /> Your letter correctly states that our mining operation must comply <br /> with provisions of Senate Bill 120. Our concerns about your letter <br /> come from your further statement that you "do not recommend <br /> approval and ask that this application be held in abeyance . " <br /> Our reading of Senate Bill 120 indicates we must obtain a court <br /> approved plan for augmentation or a substitute supply plan approved <br /> by your office prior to the use of groundwater at this site . Bill <br /> 120 does not link in any way the approval of either of these two <br /> augmentation plans with local zoning approval for a sand and gravel <br /> mine . <br /> Many of the people on county planning commissions and county board <br /> of commissioners are not really knowledgeable of Colorado State <br /> Water Law. Your letter is telling these lay people they cannot <br /> approve a zoning application for a gravel pit until either of these <br /> two water plans are approved. This is simply not true. Some <br /> counties, such as Weld County, condition their local zoning <br /> approval on the submission of a court approved augmentation plan or <br /> substitute supply plan prior to groundwater being exposed. <br /> 11990 Grant Street, Suite 410 Telephone: (303) 452-6611 <br /> Denver. Colorado 80233 Facsimile: ( 303) 452-2759 <br />