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DEPARTMENT OF NATURAL RESOURCES Z <br />R-? <br />DIVISION OF WATER RESOURCES <br />Bill Ritter, Jr. <br />Governor <br />Mike King <br />E- Executive Director <br />^a w "? Dick Wolfe, P.E. <br />rry? q n Director <br />Rege W. Leach, P.E. <br />L?IJ <br />Division Engineer <br />40 S <br />December 15, 2010 <br />Tony Waldron <br />Division of Reclamation, Mining and Safety <br />1313 Sherman St. Room 215 <br />Denver, CO 80203 <br />Dear Mr. Waldron: <br />I have revieWied the April 30, 2010 letter sent by you to the Mask Ranch LLC concerning their need for <br />a Court approved augmentation plan to meet the requirements for their reclamation plan. The Mask <br />Ranch obtained well permit # 68971-F from the Colorado Division of Water Resources. This gives the <br />Mask Ranch a permit that covers their evaporative losses from the gravel pit ground water pond. Item <br />#10 of that permit states: "This well may be subject to administration by the Division Engineer in <br />accordance with the applicable decrees, statutes, rules and regulations." The permit also notes that: <br />"This well may be subject to administration in the water rights priority system in the future. It is <br />recommended that a water court decree be obtained to affirm the priority of the well." Since the San <br />Juan River is not over-appropriated or a critical water area at this time, I do not feel it is necessary for <br />the Mask Ranch to obtain an augmentation plan. I do recommend that they obtain a water right to <br />cover the evaporative losses from the gravel pit. <br />If you have any questions, please feel free to contact me. <br />Sincerely, <br />f <br />Rege Leach <br />Division Engineer <br />'Cc: James C. Anesi: <br />Water Division 7 • Durango <br />_-1b0_RocklaointDrive,_Suite_E ?_,I ?nrgo__C0 8130*-Ph: 970-247-1845. • Fax: 970-259-0944 • www.water.state.coms