PERMFILE68571

• Permit No: M1983139
• IBM Index Class Name: Permit File
• Doc Date: 9/16/1983
• Doc Name: SEO response
• From: DWR
• To: MLR
• Media Type: D
• Archive: No

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RICHARD D. LAMM
Governor I II II I'l lll l lll l 11 JERIS A. DANIELSON
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OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
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Denver, Colorado 80203
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/h PS September ls, 1983 SEp 1 g 1983
MINED LAND RECLAM
ATION DIVISION
Colo. Dept. of Nat

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M ural Resources
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FR(M Michael Stanton, Mined Land Reclamation ,
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SUBJECP: C. Ryan & Son, Inc., Leyden Pit, Application for Mining and
Reclamation Permit, #83-139
As requested, we have reviewed the above referenced application for a gravel
pit in Section 34, T2S, R70W. The application indicates that a perched ground
water table will be intercepted by mining. Intercepted water will then be
pumped to sedimentation ponds. It appears that this same perched ground water
might also seep directly into the sedimentation ponds.
Water in the sedimentation ponds will be used for processing. Since a source
of water for the sedimentation ponds that will be created by the gravel pit
operation is ground water and the ground water will be used beneficially, we
require that a well permit be obtained from our office. The well permit must
be obtained prior to excavation of the sedimentation ponds. Otherwise, Ryan &
Son will be in violation of CRS 1973, 37-90-137. Since the proposed gravel
pit would be located in an over-appropriated basin, the well permit could not
be obtained until a court approved plan for augmentation has been developed.
The correct procedure to obtain a well permit is as follows. Ryan & Son
should first file for a well permit with this office. The well permit will be
denied since the proposed gravel pit is located in the over-appropriated South
Platte basin. Before receiving this denial, Ryan & Son could submit a plan
for augmentation to the Water Court. The augmentation plan should replace the
out-of-priority consumptive use associated with washing and any other out-of-
priority consumptive uses. Upon the court's approval of the plan for augmen-
tation, this office can issue the well permit. The Water Court can only act
upon the plan for augmentation after we have denied the original well permit
application or if we have not acted upon the well permit application within
six months.
The application discusses a source of make-up water for the mine operation.
This source is about seven miles away. Water from the source would be hauled
to the site in tankers. Depending on this source's adjudicated water right,