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.--- <br />-2- <br />4, It is not clear what will happen to the pond after the gravel <br />operation is completed, If it remains in place, the evapora- <br />tion from the pond would have to be permanently augmented <br />after the mining is completed, <br />5, If the dams that will be constructed will be over 10 feet in <br />height from the channel bottom to the bottom of the spillway, <br />the design must be approved by this office in order to be in <br />accordance with Article 87 of Title 37 of the 1973 Colorado <br />Revised Statutes, <br />6. In the agreement between Tucker Constriction Company and <br />the Terry Grazing Association, item 14, it is stated that <br />Tucker shall have the right to construct a pond at the mining <br />area and shall also have the right to take water from the <br />Creek; and that Tucker shall also have the right to pump <br />water from the existing well on the site. Tucker Constriction <br />does not have a decreed water right at this time for the <br />diversion of the creek water for industrial use, therefore, <br />they cannot use the creek during most of the year until they <br />have a decreed industrial water right and plan for augmentation, <br />The well permit from the well in Section 23 was issued for live- <br />stock use and the use would have to be changed to industrial <br />purposes and a plan for augmentation must be approved before <br />it could be used with the mining operation, <br />~a . ~~ <br />Hal D. Simpson <br />HDS/RLS:mvf <br />cc: Jim Clark, Div, Eng. <br />