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DEPARTMENT OF NATURAL RESOURCES ~ ~ <br />DIVISION OF WATER RESOURCES <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Dick Wolfe, P.E. <br />Director <br />Wayne I. Schieldt. P.E. <br />Division Engineer <br />January 29, 2008 <br />~~ Judy DeVincentis <br />~Westem Gravel, Inc. <br />3001 North Townsend Avenue <br />Montrose, CO 81401 <br />RE: Olathe Pit. <br />Dear Ms. DeVincentis: <br />This office was notified December 12, 200~f gravel pits created by the extraction of gravel and sand <br />in the Olathe area under DRMS permit No. M-1984-108 by DRMS. No evidence of a well permit and/or <br />a water right has been found for these pits. ~ <br />The Olathe pits falls under the category of "gravel pit wells 37-90-137 (11)(a)(I)", since the ponds <br />intercept groundwater. Pursuant to C.R.S. 37-92-502(2)(a), "Each division engineer ... shall order the <br />total or partial discontinuance of any diversion in his division to the extent that the water being diverted <br />is required by persons entitled to use water under water rights having senior priorities". Pursuant to <br />C.R.S. 37-92-502(2)(a)statute, you are hereby ordered to fill in the Olathe pits. This modification <br />must be completed by March 15.2008. Failure to comply with this order can subject you to fines of <br />up to $500 per day C.R.S. 37-92-503(6)(a). <br />An alternative to filling in the Olathe pits would be to develop a water court approved plan of <br />augmentation to provide for replacement of the evaporative losses from the ponds. This option would <br />require obtaining a water contract with a provider such as the Tri-County Water Conservancy District, <br />which has augmentation water available for release from Ridgway Reservoir. Once the plan of <br />augmentation is approved by water court a well permit must be obtained. Please call this office to <br />arrange a meeting if you would like to discuss this altermative. <br />Sincerely, (~ ~ (1 f~ECEOV~® <br />Wayne I. Schieldt P.E. U <br />Division Engineer JAN 3 1 2008 ~~/ <br />Division o~ Keciamation, <br />cc: Wallace H. Erickson, Environmental Protection Specialist, DRMS Mining and Safety <br />Gregory Powers, Water Commissioner, WD 41 <br />Scott King Well. Commissioner, Division IV <br />Water Division 4 • Montrose <br />P. O. Box 456 (1871 East Main Street) • Montrose, CO 81402 • Phone: 970-249-6622 • Fax: 970-249-8728 <br />www.water.state.co.us <br />