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~:: <br />.; <br />~ ~ III IIIIIIIIIIIIIIII <br />STATE OF COLORP~DO <br />OFFICE OF THE STATE ENGINEER <br />Division of Water Resources <br />Department of Natural Resources <br />1 373 Sherman Slreel, Room 818 <br />Denver, Colorado 80:03 <br />Phone 13031 866-3581 <br />FA% 1303) 866-3589 <br />Mr. Alan Leak <br />WRC Engineering, lnc. <br />1660 S. Albion Street, Suite 500 <br />Denver CO 80222 <br />August 18, 1993 <br />AUG 2 0 19831 <br />Dn'r°~cf. „ <br />.! q., r <br />efdr. <br />` ry hr~~~U.1L <br />.~of cod ~'~. <br />~e <br />r7~ of <br />' ~ X8]6 ~, <br />Rov Romer <br />Governni <br />hen Salazar <br />Exec W ire Dueonr <br />Hal D. Simpson <br />Aare Engineer <br />~~CERTIFIED MAIL, NUMBER P 784 069 564 <br />Final Request for Information <br />i~ <br />RE~s Substitute Watei Supply Plans ' <br />/ Canon City East Pit, M77559 ltd C~T t ~4~ <br />Rocky Ford East Pit, M77560 i ~tit-a ~ <br />r Lamar East Pit, M77572 ~ ,~p p <br />Pueblo West Pit,M77573 ~~ ""' <br />Pueblo Barnhart Pit, M84008 ,~ <br />Pueblo East Pit, M86015 <br />Water Division 2 /~ <br />Dear Mr. Leak: <br />In 1989, the Colorado Legislature passed Senate Bill 120 which affects any gravel pit in <br />operation aher December 31, 1980. Senate Bill 120 requires any grave] pit which exposed ground <br />water to the atmosphere aher December 31, 1980 to replace water lost from the local stream <br />system. Pursuant to Sections 37-90-137(11)(a)(1) and (Il), C.R.S.(1990), a well permit and <br />substitute water supply plan or court-approved augmentation plan must be obtained for a gravel <br />pit. <br />Our records indicate that payment of fees and a submittal of water supply plans were made <br />for Valco's operations on July 13, 1990. As delegated through this legislation, the water supply <br />plans were reviewed by our consultant, Rocky Mountain Consultants, and were found to be <br />insufficient to conclude there was a viable plan [o physically offset out-of-priority diversions. A <br />review of the file shows that you were contacted by a letter dated May 20, 1992, a copy which is <br />attached, requesting additional information regarding the supply plans. To date, neither Rocky <br />Mountain Consultants nor this office has received a complete and adequate response hom you. <br />Upon receipt of this letter, you are hereby Qiven 30 days to respond to the State En>zitteer's <br />Office and provide ALL the requested information as stated in the attached letter. Failure to <br />respond with the submittal of this information may result in the disapproval of the water supply <br />plans. Appropriate legal action, including injunctive relief, attorneys' fees and triple damages, may <br />be pursued against you, the landowner, and any other users of the waters diverted out-of-priority <br />tluough the gravel pit in accordance with Sections 37-92-502, 503 and 504, C.R.S.(1990). <br />