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<br />DEPARTMENT OF NATURAL RESOURCES 6DIVISION OF WATER RESOURCES <br /> <br />May 7, 2009 <br />4AY 0 3 2009 <br />Mr. Greg Nelson; <br />Weld County Public Works :r«rc l? <br />1111 H Street, P.O. Box 758 <br />Greeley, Co 80632 <br />Re: Koenig Pit, DRMS Permit Number M1980-120 <br />Dear Mr. Nelson: <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Dick Wolfe, P.E. <br />Director <br />This letter is to inquire as to the status of the above reference gravel pit site. According to a <br />field inspection performed on Koenig Pit M1980-120 by Mr. Michael Cunningham from the Division of <br />Reclamation Mining and Safety ("DRMS") on April 15, 2009, a slurry wall was placed around the pit in <br />1999, however the lining of this pit has not been approved by our Division Office, therefore ground <br />water continues to be exposed at the Koenig Pit site. Also, the site is being dewatered and the water <br />is pumped and discharged in the Meadow Island Ditch #1. <br />Note that Section 37-90-137 (11), C.R.S., requires that any gravel pit that exposed ground <br />water to the atmosphere after December 31, 1981 to replace all out of priority depletions of water to <br />the local stream, including evaporation. Sections 37-90-137 (11) (a)(1) and (e), C.R.S., specifically <br />require the following: a gravel pit well permit and a substitute water supply plan to replace all out-of- <br />priority depletions of water that affected the stream system. If a lined pond results after reclamation, <br />replacement of lagged depletions shall continue until there is no longer an effect on stream flow. <br />Ground water exposed at this site would be tributary to the South Platte River. The South <br />Platte River is an over-appropriated stream system, therefore a well permit will not be issued until a <br />substitute water supply plan is approved by the State Engineer or an augmentation plan is approve by <br />the Water Court. The provisions of the Colorado Revised Statutes 37-90-137(2) prohibit the issuance <br />of a permit for a well to be located within 600 feet of any existing well, unless the State Engineer finds <br />that circumstances so warrant after a hearing held in accordance with the procedural rules in 2CCR <br />402-5. <br />Furthermore, the State Engineer's Office is concerned that since the dewatering water is <br />discharge in the Meadow Island Ditch #1 this ground water might be illegally used for irrigation. <br />Therefore, you need to demonstrate that the dewatering water is measured and returned to the South <br />Platte River without any consumptive use. The releases shall be measured in a manner acceptable to <br />the water commissioner and the division engineer. You also need to account for any transit losses <br />that occur from the dewatering water from Koenig Pit from the point of pumping this water to the point <br />of discharge. <br />Office of the State Engineer <br />1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 <br />www.water.state.co.us