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FiARD D. LAMM • Governor 1293H /.w 01. r~r)r0~ e ~ir4 qp • vr'i ~, O * 1876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 618 Denver, Colorado 80203 (303)866-3581 October 7, 1983 JE RIS A. DANIELSON State Engineer 6~ECEIVED OCT 111983 MINED LAND RECLAMATION DIVISION Colo. Dept. of Natural Resources MaNORANDUM _ ,~ TO: Jim McArdle, Dlined Land Reclamation Staff o11\\ FROM: Hal D. Simpson, Assistant State Engineer,~° 'V SUBJECT: George Speer - Speer Development, Application for Mining and Reclamation Permit, H83-176 As requested, we have reviewed the above referenced application for a gravel pit near Henderson. The pit area will be mined wet with the use of a drag- line. As a result of the excavation, a pond will be left when mining is finished. According to the application, the created lake will be reclaimed as a recreation area. Using an impoundment of water for recreational purposes, including fis}lery and wildlife, has been defined in CRS 1973, 37-90-103, as putting t11e water to beneficial use. Since the source of water for the potld 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. Other- wise, the applicant 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 1ae11 permit is as folloias. T11e applicant should first file for a well permit with this office. The well permit will be denied since the proposed gravel pit is located in the over-appropriated South Platte River basin. Before receiving this denial, the applicant could submit a plan for augmentation to the Water Court. The augmentation plan should replace the out-of-priority consumptive use associated with lake evaporation and arly other out-of-priority consumptive uses. Upon the court's approval of the plan for augmentation, this office can issue the well permit. The Water Court can only act upon the plan for augmentation after we have denied the original well permit application or if we have not acted upon the well permit application within six months.