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RICHARD D. LAMM Governor 057H • 'll'I"II'II"'I'II ELSON State Engineer OFFICE OF THE STATE ENGINEER RECEIVED DIVISION OF WATER RESOURCES 7313 Sherman SSreet-Room 616 r~f.ar' O 1 1983 Denver, Colorado 60203 (303)866-3581 MINfD V.ND RECLAMA710N February 2~, 1983 coEO DEF I. OF NATURAL RESOURCES MEMDRAHDUM T0: Mined Land Reclamation, Attn: Peter 0'Co er FROM: Hal D. Simpson, Assistnnt State Engineer SUBJECT: Yillow Creek Mine, #83-11, Application for Mining and Reclamation Permit As requested, we have reviewed the above referenced application for a placer pit near Leadville. The site has been mined periodically for several years. Material to be processed is hauled from the hillside pit and fed into a trommel screen. Yater for the rotating trommel is pumped from and returns to a pond. The application states that there is no discharge from the pond and ground water keeps the pit at about the some depth year round. The application also states that the size of the pond will not be increased. Since the source of water for the pond is ground water and the ground water is used beneficially, we require the applicant to obtain a well permit to continue using the pit water. Otherwise, the applicant will be in violation of CRS 1973, 37-90-137. Our Water Commissioner will order the applicant to cease operations if he determines ground eater is being used without a well permit. The correct procedure to obtain the necessary well permit is as follows. Mr. Mallette should first file for a well permit with this office. Unleae Mr. Mallette has a senior adjudicated water right for the pit, the well permit will be denied since the proposed placer pit is located in the over-appro- priated Arkansas River basin. Before receiving this denial, Mr. Mallette could submit a plan for augmentation to the Water Court. Upon the court's approval of the plan for augmentation, this office can issue the well permit. The Yater Court can only act upon the plan for augmentation after we have denied the original well permit application or if we have not acted upon the well permit application within six months. The applicant would have to pro- vide augmentation water for the amount of water retained by the materials after they have been processed in the separating plant and placed in the tail- ings pile. HDS/JRH:ma cc: Bob Jesse, Div. Eng.