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,~ <br />1- ~~" • ~ FOLD • <br />. ~ <br />RICHARD D. LAMM fa C <br />Governor m ~ 0 <br />,' ~ <br />78x8 <br />DIVISION OF WATER RESOURCES <br />Department of Natural Resources <br />1313 Sherman Street -Room 618 <br />Denver, Colorado 80203 <br />Administration (3031 892-3581 <br />Ground Water 13031892-3587 <br />March 7, 1978 <br />11I11I1111111111III <br />C.J. KUIYen <br />State Engineer <br />~~.u_~ <br />~1~',R7.. 1978 <br />MEMORANDUM <br />T0: HARRIS D. SHERMAN, SECRETARY, MINED LAND RECLAMATION BOARD <br />FROM: DR. JERIS A. DANIELSON, DEPUTY STATE ENGINEER <br />SUBJECT: VALCO, INC. - LAMAR EAST PIT, PROWERS COUNTY, APPLICATION f-OR <br />MINING AND RECLAMATION PERMIT <br />As requested by your office, we have reviewed the application for a ((ravel pit <br />near Lamar. We cannot recorrrtnend approval of this application until ':he Board <br />obtains the following additional information: <br />Exhibit G, page 23, indicates that the applicant has obtainf~d <br />a decree fora 1959 industrial well. The very junior date of <br />this well means that pumping is allowed only 3 days each weE~k <br />under Rules and Regulations currently in effect in the extremely <br />over-appropriated Arkansas basin. Subject to the decision in a <br />case currently under consideration by the Colorado Supreme <br />Court, this well could be curtailed completely unless the aF~pli- <br />cant is operating under an augmentation plan approved by they <br />Division 2 Water Court in Pueblo. This well is not, therefore, <br />a dependable long-term source of water. <br />Exhibit G, pages 19 and 20, states that "the total lake surface <br />within the affected land will be 41.37 acres +," but that "it <br />is not expected that the on-going operations will cause measurable, <br />material injury to senior water rights." Evaporation losses <br />from the 41.37 acres of lake surface will be approximately 150 <br />acre-feet per year perpetually. This loss will cause immediate <br />and measurable injury to the Buffalo Canal, the senior water right <br />downstream from Lamar. Because this canal can call out junior <br />rights both upstream and downstream from Lamar, these evaporation <br />losses will cause hardship to water users along the entire Lower <br />Arkansas Valley. In order to prevent this injury, the applicant <br />must provide augmentation water that is permanently attached to the <br />property through protective covenants, deed restrictions, or other <br />legal means. <br />