2010-09-24_HYDROLOGY - M1999120 - Laserfiche WebLink

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DEPARTMENT OF NATURAL RESOURCES s0q ecs DIVISION OF WATER RESOURCES PeSeptember 24, 2010 Vi?pRoss Bachofer PO Box 652 LaSalle, CO 80645 ?- Re: South Platte River Water Level at 7525 Hwy 85, Fort Lupton Dear Mr. Bachofer: Bill Ritter, Jr. Governor Mike King Executive Director Dick Wolfe, P.E. Director/State Engineer Thank you for contacting me by mail regarding the situation on your property in Fort Lupton. I understand you have a concern that the construction of a slurry wall related to the sand and gravel mining operation across the river from your property is causing the level of the river to rise, inundating portions of your property to a greater level and greater frequency than in the past. I know you have also been in contact with David Berry of the Division of Reclamation, Mining and Safety and that he has corresponded with you. The Division of Water Resources' authority related to this situation is limited to the subject of the administration of both ground water and surface water within the prior appropriation system. What that means is that the Division of Water Resources must ensure that the operation of the sand and gravel mining facilities, including the pit itself, wells, and surface water diversion do not prevent water users with senior rights from getting the water they are legally entitled to - an outcome that is legally known as material injury. Your situation is different and you suspect it is the result of the slurry wall changing the ground water and surface water hydraulics, resulting in the river flowing at a higher stage. We have no statutory authority over those circumstances if they are not causing material injury. You have referred to the fact that the Division of Water Resources "permitted" the slurry wall that you suspect is causing this situation. I would like to clarify for you that the Division of Water Resources does not have a role in actually "permitting" the construction of the slurry wall. Rather, our role is to approve the slurry wall's ability to isolate the excavated area from the alluvial ground water for our administrative purposes. That is important to us when considering administrative aspects of the excavated area and the water contained in it. The Division of Water Resources will continue to coordinate with the Division of Reclamation, Mining and Safety to the extent that our administration of the operations at the sand and gravel mining operation are pertinent to your situation. If you have questions, please contact Kevin Rein, Assistant State Engineer. Si i of e, P.E. Director/State Engine r cc: Dave Nettles, Division Engineer David Berry, Division of Reclamation, Mining and Safety aK J Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 www.watenstate.co.us