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r RICHARD D. I.AMM Governor OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room BIB Denver, Colorado 80203 (303)866-3581 July 23, 1982 • III IIIII~~~IIIII III JERIS A. DANIEISON t to Engineer RECEIVED J U L 2 71982 MEMORANDUM MINED LAND RECLAMATION T0: Mined Land Reclamation, Attention: Jay Lucas Cole. Deot. of Natural Resources FROM: Hal D. Simpson, Assistant State Engineer SUBJECT: Bucklen Equipment Company, Application for Mining Reclamation Permit, 1181-].31 As requested, we have 1•eviewed the application for a gravel pit near Greeley. The application states that the reclaimed lake will be used for private recrea- tion and for a fish and wildlife habitat. Using an impoundment of water for recreational purposes, including fishery and wildlife, has been defined in CRS 1973, 37-92-103, as putting the water to beneficial use. Since the source of water for the lake that will be formed by the gravel pit operation is g~•ound water, we require that the applicant obtain a permit to use ground wate~• from our office. This permit must be obtained prior to construction of the gravel pit to avoid being in violation of CRS 1973, 37-90-137. The correct procedure to obtain the necessary well permit is as follows. Bucklen Equipment Company should first file for a well permit with this office. The well permit will be denied since the gravel pit would be located in the over appropriated South Platte River basin. Before receiving this denial, the applicant could sub- mit a plan for augmentation to the Water Court. Upon the court's approl~al of the plan for augmentation, this office can issue the well permit. The Water Court can only act upon the plan for augmentation after we have denied the origj.n$1 well permit application or if we have not acted upon the well permit application within six months. "Plan for augmentation means a detailed program to increase the supply ,of water available for beneficial use in a division or portion thereof by the development of new or alternate means or points of diversion, by a pooling of water resources, by water exchange projects, by providing substitute supplies of water, t}y the development of new sources of water, or by any other appropriate means.:.". In order to develop the plan for augmentation, the applicant first should analyze the effect of evaporation losses from the reclaimed lake upon the hydrologic balance and upon senior surface water rights. He then should devise an'augmen- tation plan to replace the additional consumptive use associated with t(iis evapora- tion. We advise the applicant to hire a water consultant to develop the augmenta- tion plan. ~~ ~, . ,. ,1 r,: ., i kl~