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"''~ iii i , iiiiiiiiiiuiii • RICHARD D. LA MM y :; ~""""'~~ ~ Governor * ~ t ~ ~~ /~ O100H * + + 5 ~ lg76 ~ OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303)866-3581 March 3, 1983 MEMORANDUM J ERIS A. DANIELSON Slate Engineer RECEIVED MAR 0 81983 MINED LAND RECLAMATION COLO~ DEPT. OF NATURAL RESOURCES T0: Mined Land Reclamation Board, Attn: Willi//,am R. eavers FROM: Hal D. Simpson, Assistant State Engine PS A//~.~r SUBJECT: Corn Construction Co. - Latham-Burkett Pit, X683-13 Application for Mining and Reclamation Permit As requested, we have reviewed the above referenced application for a gravel mining operation near DeBeque. The application states that part of the reclaimed area will be left as a pond. The application indicates the pond will be used as a fish and wildlife habitat. Using an impoundment of water for recreational purposes, including fishery and wildlife, has been defined in CRS 1973, 37-90-103, as putting the water to beneficial use. Since the source of water for the new pond that will be formed by the gravel pit operation is ground water and the ground water will be used beneficially, we require that the applicant obtain a well permit from our office. The well permit must be obtained prior to excavation of the gravel pit area to avoid being in viola- tion of CRS 1973, 37-90-137. The correct procedure to obtain the necessary well permit is as follows. Corn Construction 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 Colorado River basin. Before receiving this denial, Corn Con- struction could submit a plan for augmentation to the Water Court. The aug- mentation plan should replace the out-of-priority consumptive use associated with lake evaporation and any 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 augmenation after we have denied the original well permit application or if we have not acted upon the well permit application within six months. Corn Construction states that water for dust control will be obtained from sources other than the pit dewatering. What are these sources? In addition to providing information concerning the source of water for dewatering, Corn should submit to your office, for subsequent submittal to this office, infor- mation concerning Che other uses of water, the amount of water to be used, and the legal right to use the water.