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..; RICHARD D. LAMM Governor • ~I I I I~ I I~ I II II~~ ~~~ • yei~ O •*~ layA) !~* * X876 ~ OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 September 23, 1981 MEMORANDUM T0: FROM: SUBJECT: Mined Land Reclamation, Attention: Mark Loye Hal D. Simpson, Assistant State Engineer JERIS A. DANIELSON State Engineer 1~ECEIVE® SEP 24 1981 MINED LAND RECLAMATION Colo. Dept. of Natural Resources Lamar West Pit - VALCO/Lamar Concrete Division #81-132 Application for Mining and Reclamation Permit As requested by your office, we have reviewed the application for a gravel pit operation near Lamar. The applicant mentions two lakes that will be developed as a result of the mining operation will enhance wildlife habitat in the area. Using an impoundment of water for recreational purposes, including fishery or wildlife, has been defined in CRS 1973, 37-92-103, as putting the water to beneficial use. Since the source of water for the gravel pit operation and reclaimed lakes is ground water, we view this use of ground water as putting the ground water to beneficial use which requires a permit to use ground water in order to avoid being in violation of CRS 1973, 37-90-137. We may have to order the applicant to cease operations if our Water Commissioner determines that they have begun constructing the gravel pit without a permit to use ground water. The applicant failed to analyze the effect of evaporation losses from the reclaimed ponds upon the hydrologic balance and upon senior surface water rights along the over-appropriated Arkansas River. The net evaporation losses from the reclaimed lakes would be approximately 3.67 acre-feet per acre of lake surface area, or approximately 160 acre-feet per year from the reclaimed lakes. Information regarding the evaporation losses from the existing land use in the project area may be obtained from the SCS. In order for a well permit to be issued in the alluvium of the Arkansas River, the applicant will have to obtain approval of a plan for augmentation from the Division Water Court. Any plan for augmentation for replacement of water that will be used during the gravel pit operation or for replacement water for the additional consumptive uses associated with the evaporation losses from the reclaimed lakes involves releasing a portion of a senior water right to the river during the period of time the water is used. The augmentation plan must prevent alterations of the prevailing hydrologic balance of the basin.