Laserfiche WebLink
DEPARTMENT OF NATURAL RESOURCES A MSC <br />DIVISION OF WATER RESOURCES <br />John W. Hickeniooper <br />Governor <br />Mike King <br />January 31, 2011 Executive Director <br />Dick Wolfe, P.E. <br />Director/State Engineer <br />David L. Nettles, P.E. <br />Division Engineer <br />MICHAEL F BROWNING <br />.ORZAK BROWNING & BUSHONG, LLP <br />929 PEARL STREET, SUITE 300 <br />BOULDER, CO 80302 <br />RE: TURNPIKE PIT, DRMS PERMIT M-78-064 DEEPE FARM PIT, DRMS PERMIT M-81-304-'--- <br />SECTION 9, TOWNSHIP 1 SOUTH, RANGE 70 WEST <br />WATER DIVISION 1, WATER DISTRICT 6 <br />Dear Michael: <br />The purpose -of this letter is to resi?ond, 0-11 <br />to your November 22, 2010 letter (enclosed) <br />requesting approval. from the Division of Water Resources ("DWR") acknowledging <br />compliance with, the. SEO's requirements pursuant to § 37-90-137(11), C.R.S. for the <br />Turnpike and Deepe Farm Pit, as owned by the University of Colorado. <br />Tumpike Pit <br />Pursuant to §37-90-137(11)(b), C.R.S.; depletions that occur due to evaporation from <br />ground water exposed prior to January 1, 1981 do not need to be replaced. The burden of <br />proving the ground water was exposed prior to January 1, 1981 is on the entity claiming the <br />benefit of the exception. Your referenced July 26, 1994 "Wolfe's Reply Letter" provides <br />DWR acknowledgement and acceptance of the submitted evidence that the Turnpike Pit <br />meets the this requirement and in accordance with § 37-90-137(11)(b), C.R.S., is not <br />required to replace depletions from evaporation. As mining activity has not occurred since <br />that letter, and further that the current exposure of ground water has not expanded, the July <br />26, 994 approval remains in effect. <br />eepe Farm Pit <br />DWR hereby recognizes the two small ponds remaining at the Deepe Farms Pit as pre- <br />1981 for the following reasons. The 14.2 acre surface lake is mentioned in the <br />Augmentation Agreement as being exposed prior to the commencement of Flatiron <br />Activities and is thus prior to 1981. Both ponds combined do not exceed this pre-1981 <br />exposed surface area. Through comparison of your Exhibit's D (2010 Aerial) and F (1980 <br />Aerial), the current 1.73 acre pond is very near to the original lake exposed prior to 1981 <br />and is considered to be within the original lake exposure, thereby granting it a pre-1981 <br />status. By previous DWR policy, pre-1981 exposure area was allowed to move within the <br />permitted boundary. Although current guidelines do not allow this operation, we do allow a <br />one last move to establish the pre-1981 exposure area. By this policy, DWR will allow this <br />one last time move to include the 2.26 acre pond thereby providing it a pre-1981 status. As <br />both ponds are recognized as pre-1981, they are not required to replace depletions from <br />evaporation pursuant to § 37-90-137(11)(b). <br />QPCIFoVED <br />Water Division 1 . Greeley FEB 0 2 2011 <br />810 911, Street, Suite 200 • Greeley, CO 80631 • Phone: 970-352-8712 • Fax: 970-392-1816 oivistor, a?. riE'Ct?tl ItMil1http://water.state.co.us Aflltling? and <br />