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