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<br />ROY ROMER <br />Governor <br />~II ~I~~II~I~~~~~~~~ <br />999 <br />HARO[D (I-L4L) D. S¢viPSON <br />Acting State Engineer <br />OFFICE OF THE STATE ENGINEER <br />DIVISION OF WATER RESOURCES <br />1313 Sherman Street-Room 618 <br />Denver, Colorado 80203 <br />(303) 866-3581 <br />FAX [303j 866-3589 <br />May 20, 1992 <br />IJIr. Alan Leak <br />WRC Engineering, Inc. <br />1660 S. Albion Street, Suite 500 <br />Denver, CO 80222 <br />RE: Valco int.'s Substitute Water Supply Plans <br />MLRD M77559, M77560, M77572, M77573, M84008 and M86015 <br />Water Division 2 <br />Deaz Alin: <br />The State Engineers Office is in receipt of your February 14, 1992 letter requesting <br />clarification of Senate Bill 120's (SB 120) grandfather date in regards to the evaporative depletions <br />on pre-1981 surface acres. We offer the following comments in response to your request. <br />SB 120 allows an exemption from the priority system of depletions associated with <br />evaporation from pre-1981 exposed ground water surface acres resulting from gravel mining <br />operations. Your specific question is "...does SB 120 allow the exposed water surface azea to be <br />moved azotmd within the given pit with augmentation being required only for exposed water <br />surface azea in excess of the pre-1981 water surface azea?" <br />Section 37-90-137 11(b), C.R.S. provides in part that "...no such well permit, plan for <br />augmentation or plan of substitute supply shall be required to replace depletions from <br />evaporation.. ". You azgue that the intent of this statute was to grandfather depletions. The <br />exposed azea is a method of defining the grandfathered depletions. <br />A continuous mittirtg operation within the specified reclamation permit azea which had <br />established a pond area as of January 1, 1981, may continue mining operations within that <br />permitted azea without the need of a well permit nor a plan of augmentation for that amount of <br />associated consumptive ~~se by evaporation, provided there is no deactivation of the operation and <br />the total resultant exposure of ground water within the permitted area does not exceed the azea <br />of exposure as of January 1, 1981. <br />The burden of proof remains with the applicant to accurately document the pre-1981 ground <br />water surface acreage. It is also the responsibility of the applicant to strictly regulate the post-1981 <br />surface acres and submit reports of appropriate data. <br />