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DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />Colorado Board of Land Commissioners <br />Box 1194 <br />Craig, CO 81626 <br />December 1, 2009 <br />Bill Ritter, Jr. <br />Governor <br />James B. Martin <br />Executive Director <br />Dick Wolfe, P.E. <br />Director/State Engineer <br />Dear Lane Osborn: <br />Please provide a breakdown of your uses, including diversion and depletion amounts, to <br />account for the 10 AF/YR requested in Item 7 of the application for a well permit. It <br />appears that the uses listed in Item 6 (mine facilities and mine personnel) correspond <br />with commercial or industrial use, and not domestic use. <br />A preliminary review of your application indicates that your proposed well may be within <br />600 feet of one or more existing wells. The provisions of Colorado Revised Statute 37- <br />90- 137(2) prohibit the issuance of a permit for a well to be located within 600 feet of any <br />existing well, unless the State Engineer finds that circumstances so warrant after a <br />hearing held in accordance with the procedural rules in 2CCR 402 -5.' This hearing may <br />be waived if you are able to obtain statements from owners of all wells within 600 feet, <br />verifying that they have no objection to your well being located within 600 feet of their <br />wells. A sample waiver form is enclosed for your reference. <br />If there are no existing wells within 600 feet of your proposed well, you may submit a <br />statement verifying this information, after having conducted a field inspection of the area. <br />A field inspection is necessary because it is possible that there are wells in existence <br />that are not of record with the state, and these wells are included under the provisions of <br />Colorado Revised Statute 37- 90- 137(2). A form is enclosed to complete if your field <br />inspection verifies that there are no other wells, not owned by you, within 600 feet of <br />your proposed well. <br />If there are wells within 600 feet, and you are unable to obtain a waiver from the owners, <br />you may request a hearing. You must identify the well(s) (permit number (if applicable), <br />current owner's name and address) and confirm the approximate distance between the <br />well(s) and the proposed well. Once this information is submitted, the required notice <br />and hearing process will be initiated. The original permit application form should not be <br />resubmitted until the notice and hearing process has been completed. <br />In summary, you must either sign a statement indicating that no other wells exist within <br />600 feet, submit statements from all well owners within 600 feet verifying that they have <br />no objection to the proposed well, or request a hearing. <br />Please sign the application in Item 10. <br />Office of the State Engineer <br />1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303 - 866 -3581 • Fax: 303- 866 -3589 <br />www.water.state.co.us <br />