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Oa/c�ow9 <br /> ` RICHARD D. LAMM • tre ':!"17+. 90 <br /> J ERIS A. DA N <br /> Governor } a` ineersneer <br /> 611H * i* <br /> 1 <br /> OFFICE OF THE STATE ENGINEER <br /> DIVISION OF WATER RESOURCES r - <br /> 1313 Sherman Street-Room 818 <br /> Denver, Colorado 80203 <br /> (303) 866-3581 <br /> June 13, 1983 <br /> J : <br /> MBiORANDUM <br /> TO: Mined Land Reclamation, Attn: Jim McArdle <br /> FROM: Hal D. Simpson, Assistant State Enginee4 - <br /> SURJECr: Western Paving - Stagecoach Stop Pit, 183-67 <br /> Application for Mining and Reclamation Permit <br /> i <br /> As requested by your office, we have reviewed the application for a gravel pit <br /> north of Henderson. The application indicates in the Wildlife Section that <br /> wildlife exists in the area. The lake formed as part of the mining project <br /> will be reclaimed for use by this wildlife. <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 /> 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, Western Paving 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 /> I been developed. <br /> The correct procedure to obtain a well permit is as follows. Western Paving <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, Western Paving 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 /> i <br /> i <br /> l� <br /> I <br />