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N • <br />Mr. David Berry <br />December 5, 1985 <br />of water, by the development of new sources of water, or by any other <br />appropriate means..." (Section 37-92--103(9), C.R.S. (1973)). Charles Nauta <br />should devise an augmentation plan to replace the out-of-priority consumptive <br />use associated with pond evaporation and other out-of-priority consumptive <br />uses of water. <br />The surface area of the pond that will be formed in the mining process is 6.5 <br />acres. The amount of water lost to the South Platte River basin due to <br />evaporation from this amount of water surface is 15.5 acre-feet per year. The <br />portion of these losses which occurs during the irrigation season is <br />equivalent to the amount of water needed to meet the irrigation needs of <br />approximately 8.4 acres of corn. We used the Modified Blaney-Griddle Formula <br />to calculate this figure. Since the South Platte River is already <br />over-appropriated, this will result in a loss of water to downstream <br />irrigators. <br />On Page E2 of the application, it states: "Disturbance to the hydrologic <br />balance during both mining and reclamation shall be minimized by: (1) <br />compliance with applicable Colorado water laws and regulations governing <br />injury to existing water rights." Unless a plan for augmentation is developed <br />to replace the water loss to the system due to evaporation, the operation will <br />injure existing water rights. Therefore, we cannot recommend approval of the <br />permit until the applicant is capable of mitigating the injury that will be <br />caused by the project. Further, we will order Mr. Nauta to cease operations <br />if our Water Commissioner determines ground water is being exposed without a <br />well permit or there is determined to be a wasteful use of ground water <br />occurring. <br />HDS/JCM:pdt/6460H <br />cc: Alan Berryman, Div. Eng. <br />Steve Lautenschlager <br />Jack W. Neutze, Water Comm. <br />