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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 />Craig W. Cotten <br />Division Engineer <br />May 14, 2009 <br />Todd A. Stockebrand _ <br />Asphalt Constructors, Inc. <br />7040 W. Hwy. 160 <br />Alamosa, CO 81101 <br />Re: ACI Gravel Pit - Section 21, T40N, R6E, NMPM <br />Water District 20, Water Division No. 3 <br />Dear Mr. Stockebrand: <br />I am in receipt of your letter dated April 17, 2009 regarding the gravel pit known as DMG Permit No. M- <br />2001-069. This pit is owned and operated by Asphalt Constructors, Inc. (ACI). The pit is located within <br />Section 21, Township 40 North, Range 6 East, NMPM and lies north and within close proximity of the <br />Rio Grande Canal Lateral No. 1. It appears that water leaks from the lateral into the pit during the <br />season the ditch carries water. <br />Water retention in gravel pits is the concern of not only my office, but also that of the Division of <br />Minerals and Geology. Interception of groundwater is covered under Senate Bill 120, effective July 15, <br />1989 which basically states that an excavation cannot expose groundwater and create evaporative <br />losses without a well permit issued by the Division of Water Resources. Permits of this nature are <br />typically supported by a decreed plan for augmentation, substitute water supply plan, or a certificate <br />from a blanket plan for augmentation. <br />One of the documents included with your letter is an agreement between ACI and the Rio Grande <br />Canal Water Users Association that recognizes this structure as a recharge pit. This office has <br />recognized gravel pits near the Rio Grande Canal and its laterals as recharge structures in the past and <br />I am able to approve recognition of this pit as a recharge structure contingent on the following <br />conditions: <br />The inflow and retention of water into the pit must be of a seasonal nature. The irrigation <br />season typically lasts from April 1 through October 31. The length of season that the lateral <br />carries water can vary based on several factors. However, I consider water retention in the pit <br />more than 30 days after the Rio Grande Canal Lateral No.1 ceases carrying water as a problem <br />that needs to be addressed by backfilling, or augmentation of the evaporative losses through <br />some formal process. <br />Water Division 3 • Alamosa <br />P. O. Box 269 (301 Murphy Drive) • Alamosa, CO 81101 • Phone: 719-589-6683 • Fax: 719-589-6685 <br />www. Ovate r. state. co. u s