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_~ <br />~+ <br />RICHARD D:tAMM <br />G OVQIfIOf <br />1293H <br />1313 Sherman Street-Room 818 <br />Denver, Colorado 80203 <br />(303) 866-3581 <br />October 7, 1983 <br />JERIS A. DANIELSON <br />State Engineer <br />RECEIVED <br />OCT 111983 <br />MINED LAND RECLAMATION DIYISIDN <br />Colo. Dept. of N~tur~l Racources <br />D1D~40RANDUM , <br />T0: Jim McArdle, Mined Land Reclamation Staff <br />FROM: Hal D. Simpson, Assistant State Engineer ~~ <br />SUBJECT: George Speer - Speer Development, Application for Mining and <br />Reclamation Permit, N83-176 <br />recreation area. <br />As requested, we have reviewed the above referenced application for a gravel <br />pit near Henderson. The pit area will be mined wet with the use of a drag- <br />line. As a result of the excavation, a pond will be left when mining is <br />finished. According to the application, the created lake will be reclaimed as <br />by the gravel pit operation is ground water and the ground water will be used <br />beneficially, we require that a well permit be obtained from our office. The <br />well permit must be obtained prior to excavation of the gravel pit. Other- <br />wise, the applicant will be in violation of CRS 1973, 37-90-137. Since the <br />proposed gravel pit would be located in an over-appropriated basin, the well <br />permit could not be obtained until a court approved plan for augmentation has <br />been developed. <br />Using an impoundment of water for recreational purposes, including fishery and <br />wildlife, has been defined in CRS 1973, 37-90-103, as putting the water to <br />beneficial use. Since the source of water for the pond that will be created <br />The correct procedure to obtain a well permit is as follows. The applicant <br />should first file for a well permit with this office. The well permit will be <br />denied since the proposed gravel pit is located in the over-appropriated South <br />Platte River basin. Before receiving this denial, the applicant could submit <br />a plan for augmentation to the Water Court. The augmentation plan should <br />replace the out-of-priority consumptive use associated with lake evaporation <br />and any other out-of-priority consumptive uses. Upon the court's approval of <br />the plan for augmentation, this office can issue the well permit. The Water <br />Court can only act upon the plan for augmentation after we have denied the <br />original well permit application or if we have not acted upon the well permit <br />application within six months. <br /> <br />of cO<o <br />a`O 'e, <br />ie.,: <br />N <br />~ • <br />~ tg~fi ~ <br />OFFICE OF THE STATE ENGINEER <br />DIVISION OF WATER RESOURCES <br />