INSPEC46152

• Permit No: M1981086
• IBM Index Class Name: Inspection
• Doc Date: 9/27/2006
• Doc Name: Corrective action status update
• From: CO Division of Water Resources
• To: DRMS
• Inspection Date: 8/15/2006
• Media Type: D
• Archive: No

Page 1 of 1
Wenzel, Richard
From: Misbach, Neal [[e-mail]]
Sent: Wednesday, September 27, 2006 10:01 AM
To: [e-mail]
Cc: Whitaker, Kyle; [e-mail]
Subject: NCWCD Gravel Pit
Richard Wenzel
Colorado Division of Minerals and Geology
1313 Sherman St. Room 215
Denver, CO 80203
Mr. Wenzel,
This is Neal Misbach, Water Commissioner in District 51 for the State of Colorado Division of Water
Resources. Per our conversation on the phone yesterday, I am sending a written confirmation of what was
discussed regarding the Northern Colorado Water Conservancy District's gravel operation near Willow Creek
Reservoir in Grand County.
First, I would like to confirm that I pertormed a site visit of the location with Noble Underbrink of the
NCWCD on the 20th of September, 2006. During this site visit, it was confirmed that there is groundwater being
exposed by this gravel operation in the amount of several gallons per minute, which is consequently diverted off
of the gravel operation back to Willow Creek without injuring any intervening water rights and without any physical
water consumption beyond what is evaporated through the process of exposing this water.
Normally, this situation would require that there would need to be a well permit issued in this case, and
possibly a requirement for an augmentation plan that would cover the depletions to senior water rights on the
Colorado River to cover the evaporative use created by the exposure of groundwater in this case.
Due to the unique physical and legal circumstances in this case, I am seeking consultation with the
Division 5 Assistant Division Engineer, Kyle Whitakar, to determine if a well permit and corresponding
augmentation plan are indeed necessary and prudent. In addition, I have consulted with Noble Underbrink, West
Slope Operator with the NCWCD, to provide evidence that there may have been a natural spring created by the
unique physical conditions involving the irrigation of the property at this location.
Pending the results of these consultations, I will provide you with the results of any determinations as they
are developed. Please feel free to contact me with questions or comments on this matter.
Sincerely,
Neal Misbach
Water Commissioner
Colorado Division of Water Resources -District 51
P.O. Box 1719
Fraser, CO 80442
[phone]
neal.misbachC~state.co,us
Permit# M-t4Pl-ofr(e Confidential?_~io .
Type-Sect Recipients RMw~BM
class Tpayecricnl
From a. OtV o G N,.o /bESow(IereS
To Other
Doc. ame v& gat-to ST/~rkS P 6
Date Date (if no date stamp) 2 2
9/27/2006