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2011-03-14_PERMIT FILE - M2010084 (3)
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2011-03-14_PERMIT FILE - M2010084 (3)
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Last modified
8/24/2016 4:31:41 PM
Creation date
3/28/2011 11:16:49 AM
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Template:
DRMS Permit Index
Permit No
M2010084
IBM Index Class Name
PERMIT FILE
Doc Date
3/14/2011
Doc Name
Comments from DWR
From
Roberta Tabor
To
DRMS
Email Name
DMC
Media Type
D
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No
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addition, the only water rights on record with Colorado Division of Water <br />Resources in Eureka Gulch are in Sections 32 and 16 T3S R98W. These filings <br />belong to the Mantle family DBA Mantle Ranch and Mantle Ranch leases the <br />surface of Lost Cause LLC for agricultural purposes, thereby the water when <br />available is shared throughout the ranching operation as the livestock range while <br />grazing. <br />Other: If storm water is not diverted or captured in priority, Colorado Water Law requires it to <br />be released, or replacement for evaporation will be required of the impounder/operator/owner of <br />the pond. The State Engineer's policy requires that all impounded water be released to the <br />stream system within 72 hours of impoundment. Unless captured in priority, impounded water <br />may not be used for any purpose except as approved under a water supply plan or decreed plan <br />for augmentation. It is recommended that a water court decree be obtained to affirm the priority <br />of the storage of storm water and use of the pond for stock watering. It is recommended that a <br />water court decree be obtained to affirm the priority of the use of water associated with this <br />operation. Any exposed groundwater must be backfilled immediately until a well permit issued <br />pursuant to CRS 37-90-137(2), allowing the exposure of ground water in a pit, is obtained from <br />the State Engineer. <br />o It was explained to Mr. Mantle during his process of due diligence by Cathy Bower of <br />Colorado Division Of Water Resources that, in Colorado, the water belongs to the State <br />of Colorado. Anyone can use the water for their purposes at any time that said water is <br />not under administration by the State Engineer's office. Therefore, water impounded <br />during a time that downstream water is not ON CALL, or at a time that the water being <br />impounded does/will not flow to the downstream point of diversion when ON CALL, can <br />legally be impounded in the stock water pond referenced. Therefore, water in this <br />fashion, legally impounded, cannot be claimed by the water user downstream at a later <br />date. <br />I?•?lsF?,' 1ah? <br />Roberta Tabor <br />PD goX 20 * Lovilo, Co 21524 * 070) 2:LO 992:R
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