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RICHARD D. LAMM Governor • 0Y C00 P !~;. d 'v ~ ++ .., ~..•• Y ~ Ig qO ~ III IIIIIIIIIIIIIIII W. R. SMITH Acting Stats Engineer DIVISION OFifiRATER RESOURCES Department of Natural Resources 7313 Sherman Street • Room B7 B Denver. Coloratlo 80203 Atlministration (30318333581 Grountl Water (3031839.3587 August 21, 1979 MEMORANDUM /;'J G ^ 7 1919 fNINED LAND RECLAMA?'^" TO: CHIPS BARRY, DIRECTOR, MINED LAND RECIAMATION DIVISION FROM: DR. JERIS A. DANIELSON, DEPUTY STATE ENGINEER SUBJECT: COTTER CORPORATION, JD-7 OPEN PIT MINE This is to acknowledge receipt of your memo requesting comments on the response by the above corporation's attorney concerning our original review of the project. We do not agree with Mr. Burke's analysis for the follow- ing reasons; 1. Mr. Burke has elected to use the definition of a well taken from Article 91 of Title 37 which deals with the licensing and regulation of well drillers. This defini- tion is not appropriate for the definition of a well as viewed from the permitting process which was the thrust of our original memo. A well is defined in Article 90 of Title 37 as "any structure or device used for the purpose or with the effect of obtaining ground water for benefi- cial use from an aquifer". Article 90 deals directly with the beneficial use of ground water in designated basins and areas outside designated basins. In parti- cular, CRS 1973, 37-90-137(1) states, "From and after May 17, 1965, no new wells shall be constructed out- side the boundaries of a designated ground water basin, nor the supply of water from existing wells outside the boundaries of a designated ground water basin increased or extended, unless the user makes application in writing to the State Engineer for a permit to construct a well... ". The Cotter Corporation's JD-7 mine is outside a desig- nated basin so the above statute clearly applies with regard to the beneficial use of ground water.