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STATE OF COLORADO <br />DIVISION OF WATER RESOURCES <br />WATER DIVISION FOUR <br />Office of the State Engineer <br />Department of Natural Resources <br />1871 E, Main St. <br />P.O. Box 456 <br />Montrose, Colorado 81402 <br />Phone (970) 249-6622 <br />Fax (970) 249-8728 <br />December 24, 2008 <br />Mr. Wallace Erickson <br />Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />701 Camino del Rio, Room 315 <br />Durango, CO 81301 <br />RE: Olathe Pits, DRMS Permit No. M-1984-108 <br />North R-32 Pit, DRMS Permit No. M-1995-014 <br />Dear Mr. Erickson: <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 />ROlved <br />DEC 2 4 2008 <br />Durango I'`Wd Ofwoe <br />OWN) OfPQctarna,r <br />WbVwd Sat* <br />This letter is response to your inquiry regarding the status of the subject gravel pits, with respect to the Division of <br />Water Resources (DWR) and the State Engineer's Officer As you are aware, DWR classifies these two gravel pits <br />as wells. As such, by statute, they must have valid well permits. Currently, neither of these two gravel pits have <br />valid permits. Given that, the evaporation losses from the pits constitues an illegal use of groundwater, <br />Olathe Pit: <br />The Division Engineer wrote a directive letter on January 29, 2008 to the owner of the Olathe Pits, to fill the pits by <br />March 15, 2008. The owner responded with a draft substitute water supply plan (SWSP) prepared by Wright <br />Water Engineers. The Division Engineer was given opportunity to review the draft SWSP prior to submittal to the <br />State Engineer's Office and had no objections to the draft plan. This would give the owner time to file for a water <br />right and seek approval for a plan for augmentation before the water court for the pits, all necessary prior to <br />applying for a well permit. To our knowledge, the process appears to be stalled. The gravel pits are still not <br />permitted with the State Engineer's Office, thus still an illegal use of groundwater. <br />North R-32 Pit: <br />The water court granted underground water rights and approved a plan for augmentation for this gravel pit in water <br />court case 95CW127. The owner never effectuated the plan for augmentation by purchasing contract <br />replacement water out of Ridgway Reservoir, according to the plan for augmentation. As such, the well permit for <br />this gravel pit is not valid and the non-augmented evaporation losses from this gravel pit constitute an illegal use of <br />groundwater. I contacted the owner, Mr. Frank Woodrow, and explained the position he is in with respect to the <br />Division of Water Resources. The owner's options at this. point are: 1) Fill in the pit; 2) Line the pit; 3) Make the <br />approved plan for augmentation operational by buying contract augmentation water from Tri-County Water <br />Conservancy District (out of Ridgway Reservoir): or, 4) File a change case with the water court to make <br />augmentation water available out of Blue Mesa Reservoir. <br />We appreciate any assistance your office may be able to offer in seeing that these facilities achieve compliance. <br />BA <br />Sa4ineere