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"` • • qtr. Michael S. Mullen February 29, I?R4 Page 2 'Ihe applicativn states the landowner dues not intend a ben ficial use to occur frvm the exititence of the pond. Should Dakolios Cvnstruc ion Company concur and be r+hle to show there is not a beneficial use of the pit water, the evaporation from the aduitional pond surface area created by mi ing would he cunsidared a waSteCul use of the ground ranter. Senior water ri ht holders are ri>;htfully entitled to this water. If there was a wasteful use of water, vur Division i:ngin~cr r,ould order Dakolios Constriction Company to ease opera- tions in cumplianc'e with CRS 1973, 37-92-SOZ(Z). The application indicates that water from the Rural Irriga he used for make-rr}; water for dust suppression and wash water. struction Company cannot use water from this ditch for industri as replacement water without approval from the Division 1 Water change of use proceeding. We will review any change of use app augmentation plan in detail when it is filed in the Water Court rights the landowner owns could potentially form the basis of t augmentation plan discussed in the third paragraph of this letb In surmnary, we cannot recommend approval of this applicatioi issues discussed in this letter are addresseu. Further, we will Dakolios Construction to cease operations if our Water Comnissioi ground water is being exposed or pumped out without a well permi' being diverted illegally. Sincerely, n i~- ~ufc~ ~ .)lr~-~ :~ on Ditch will Dakolios Con- purposes or ourt in a cation or 71re water required until the order er determines or water is Richard L. Stenzel, P.E. Chief, Water Management B For: Hal U. Simpson, P.E. Assistant State EnQi HDS/JRH:ma cc: Jim Clark, Uiv. Eng.