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~~ • III IIIIIIIIIIIIIIII 999 xxx 866 March 9, 1981 Mr. Gana S. Fischer Fischer i Wilwreh Attorneys at Lar P. 0. Dox 505 Pt. Collins, Colorado 80522 RS: GL Gravel Pit, CL~sa Livutock Company File: /81-22 Dear Mr. Fiachar: In regard to your latter of March 3, 1f81, concerning the Division of Water Resources coamnnts on the above sited operation; the ~uriadiction of the Division of Water Resources over application submitted to the Mi.nad Land Reclamation Divisioo can be found under Section 115(4)c of "The Colorado Mined Laad Raalamation Act", Article 32 of Title 34, CRS 1973, as amaodad, 1976-Session Law, 8. ;B. 2065. Speaitlcally this section states that a permit shall be dsoied if "Any part of the proposed mining operation, the reclamation program, or the proposed future use is contrary to the lave or regulations of this state or the United 9tatu". ilowver, thin Division's policy is that the applicant mwt cork out problems related to State Water Lr rith the State Engineers 0ltica. With thin in mind, the following permit stipulation is wually lacorpokatsd into permlta doling rith water lar issues. "The attention o! the operator is directed to the neaeasity of compliance rich Colorado Water Lar. Ths Division of Water Resources has made recom- mendations aoncerning the permit operation. The operator ie encouraged to resolve any differences regarding •ueh rscommendatioos rith the Division of Water Resources. .If the operator chooses to commence opera- taons prioz to resolution of any differences, the State Sngineer may take enforcerant action under State Water Lar." The responsibility for enforcuent of thin stipulation remains with the State Bnjinasr, due to the uncertainties of the interpretation of rater lar. Your clients application rill continua to ba processed in an expeditious manner. Sincerely, Jay Lucas Aealasuttioa Specialist Ji+/51s