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Mr. Ary <br />February 10, 2009 <br />(b) Draining the currently impounded water within 30 days and redirecting runoff and <br />return flows around the excavated area to prevent future impoundment, or <br />(c) Submitting an application for a substitute water supply plan pursuant <br />to 37-90-137(a)(I) and consistent with the requirements described in "General <br />Requirements for Substitute Water Supply Plans for Sand and Gravel Pits Submitted to the <br />State Engineer Pursuant to SB 89-120 & SB 93-260" (attached) within 30 days of receipt of <br />this order. <br />Should you decide to backfill the area please request that Ray Garcia make a field inspection of the <br />work accomplished within the time provided. Should you decide to drain the pit and redirect <br />return flows to prevent future impoundment, please request that Mr. Garcia inspect the pit to <br />observe that it has been drained within the time provided and the site properly graded to prevent <br />future storage. This order will then be held open until August 1, 2009 and the pit will be subject to <br />field inspections by Mr. Garcia to ensure that no future storage of water takes place. <br />The Division Engineer has authority to issue orders pursuant to Colorado Revised Statues (CRS) 37-92- <br />502. Failure to comply with this order will subject you to court proceedings. Section 37-92-503, C.R.S. <br />requires that, if the court upholds the order, the person against whom such order was issued shall pay the <br />cost of the proceeding, including the allowance for reasonable attorney fees. Such costs and fees could <br />exceed $500. <br />If you have any questions regarding this Order or to report why you should not be required to comply <br />with this Order you may contact Ray Garcia at 719-746-2362 or Kalsoum Abbasi at 719-542-3368. <br />Sincerely, <br />teven J. Witte <br />Division Engineer <br />Water Division 2 <br />CC: Ray Garcia, WD 79 <br />Kalsoum Abbasi <br />.Kate Pickford, DRMS Durango <br />Orders Notebook <br />Enclosures: <br />"General Requirements for Substitute Water Supply Plans for Sand and Gravel Pits Submitted to the <br />State Engineer Pursuant to SB 89-120 & SB 93-260"