2008-05-29_PERMIT FILE - M2008009

• Permit No: M2008009
• IBM Index Class Name: PERMIT FILE
• Doc Date: 5/29/2008
• Doc Name: Response to letter dated 04-17-2008
• From: 3B Enterprises, Inc
• To: DRMS
• Email Name: THM
• Media Type: D
• Archive: No

F t'rm No. OFFICE OF THE STATE ENGINEER
C wS-25 COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman'St., Denver, Colorado 80203
[phone]
APPLICANT
313 ENTERPRISES LLC
C/O STEVE BAKER
PO BOX 1665
CRAIG, CO 81626-
[phone]
LIC
WELL PERMIT NUMBER 66942 - F
DIV. 6 WD44 DES. BASIN MD
APPROVED WELL LOCATION
MOFFAT COUNTY
NE 1/4 SW 1/4 Section 8
Township 6 N Range 90 W Sixth P.M.
DISTANCES FROM SECTION LINES
Ft. from Section Line
Ft. from Section Line
UTM COORDINATES (Meters,Zone:13.NAD83)
WA
r=a5ung:
Norm
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the
applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil
court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has
been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-90-137 (2) and (11) for the construction and operation of a well (gravel pit pond), known as the Lyster Pit
(Division of Reclamation, Mining and Safety permit number M-2008-009, pending), exposing and diverting ground water tributary to the
Yampa River, at a point where water is available for appropriation.
4) The approval of this permit does not grant a water right. This well (gravel pit pond) is subject to administration by the Division Engineer in
accordance with applicable decrees, statutes, rules and regulations.
5) The average annual amount of ground water to be appropriated shall not exceed 185.76 acre-feet (excluding dewatering) with the total
surface area of the proposed ground water pond limited to 10 acres.
6) The use of ground water, in addition to evaporation (65.82 acre-feet/year), is limited to dewatering (at 400 GPM), product moisture loss (2.94
acre-feet/year with the total product mined limited to 100,000 tons per year), dust control and processing purposes (3.0 acre-feet/year), and
irrigation of 60 acres south of pit area (114 acre-feettyear). No other uses of water are allowed unless a permit therefor is approved.
7) The owner shall mark the well (gravel pit pond) in a conspicuous place with well permit number(s) and court case number(s) as appropriate.
The owner shall take necessary means and precautions to preserve these markings.
8) Pursuant to Rule 10.1.6 of the Water Well Construction Rules, gravel pit wells are exempt from the minimum well construction standards
except for contamination considerations as stated in the Rule. The owner of the gravel pit shall take necessary means and precautions to
prevent contaminants from entering the gravel pit well.
9) Pursuant to Rule 17.1.4 of the Water Well Construction Rules, the owner shall submit, after initiation of construction, site plan and cross
section drawings on 8-1/2" x 11" paper showing the extent of intended excavation, the maximum depth of the pit, and the initial static water
level. The owner shall also provide the initial date of ground water exposure in the pit.
10) The boundaries of the gravel pit pond shall be more than 600 feet from any existing well not owned by the applicant.
11) Pursuant to Policy 2000-4 of the State Board of Examiners of Water Well Construction and Pump Installation Contractors (Board), no pumping
equipment shall be installed in the gravel pit well to withdraw water for any beneficial use, unless a separate written request for a variance has
been approved by the Board.
NOTE: It is recommended that a water court decree be obtained to affirm the priority of the well.
NOTE: This permit will expire on the expiration date unless the information required by Condition No. 9 (above) is submitted by that date. A
one-time extension of the expiration date may be available. Contact the DWR for additional information or refer to the extension request form
(GWS-64) available at: hftp:/twww.water.state.co.us/pubs/forms.asp?W 416-0000,
APPROVED C
CJL
State E r By
Receipt No. 3626745A DATE ISSUED 04-16-2008 EXPIRATION DATE 04-16-2009