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i <br />ROY ROMER <br />Governor <br />• III IIIIIIIIIIIIIIIII <br />999 <br />IiAROCD (HAL) D. SCTviPSON <br />AnitSg State Engineer <br />OFFICE OF THE STATE ENGINEER <br />DIVISION OF WATER RESOURCES <br />1373 Sherman Street-Room 818 <br />Denver, Colorado 80203 <br />(303) 666-3581 <br />FAX(303j866-3589 <br />May 20, 1992 <br />IvIr. Alan Leak <br />WRC Engineering, Inc. <br />1660 S. Albion Street, Suite 500 <br />Denver, CO 80222 <br />RE: Valco Inc.'s Substitute Water Supply Plans <br />MLRD M77559, I~M~s M77572, M77573, M84008 and M86015 <br />Water Division 2 <br />Deaz Alin: <br />The State Engineer's 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 azo7md 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.RS. provides in part that "...no such well perr~nit, 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 mining operation within the specified reclamation permit azea which had <br />established a pond azea 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 tlu~t amount of <br />associated consumptive use 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 area <br />of exposure as of January 1, 1981. <br />The burden of proof remains with the applicant to accurately document the pre- L981 ground <br />water surface acreage. It is also the responsibility of the applicant to strictly regulate die post-1981 <br />surface acres and submit reports of appropriate data. <br />