PERMFILE125280

• Permit No: M1977053
• IBM Index Class Name: Permit File
• Doc Date: 1/9/1995
• Doc Name: LYLE SMITH PIT M-77-053 NE 1/4 OF SECTION 20 T30S R72W 6TH PM WATER DIV 3 WATER DIST 35
• From: DWR
• To: ASPHALT CONSTRUCTORS INC
• Media Type: D
• Archive: No

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STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone [phone]
FAX [phone]
January 6, 1995
CERTIFIED MAIL NO. P 296 607182
Todd Stockebrand
Asphalt Constructors Inc.
P.O. Box 449
Alamosa, CO 81101
RE: Lyle Smith Pit, DMG # M-77-053
NE1/4 of Section 20, T30S, R72W, 6th P.M.
Water Division 3, Water District 35
Dear Mr. Stockebrand:
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Executive OirecYOr
Hal O. Simpson
Slate Engineer
In 1989, the Colorado Legislature passed Senate Bill 120 which requires any gravel pit in
operation after December 31, 1980 which exposes ground water to the atmosphere after that
date to have a valid well permtt. tt also requires that substttute water supply plans or court
approved augmentation plans be obtained for these pits to replace all water lost so as io prevent
injury to other water rights.
The Colorado Division of Minerals and Geology recently provided to our office copies of
an inspection report indicating chat your above referenced gravel ptt was exposing ground water.
A field inspection conducted by personnel from our Alamosa office on November 23, 1994
confirmed that ground water was seeping into the pit and forming a small pond. Because your
gravel pit is intercepting and exposing ground water without a valid well permit, it is considered
to be an illegal well. As an unpermitted illegal well, your pit is subject to orders to cease use and
stop all illegal diversions of ground water. Legal assistance from the Attorney General's office
will be sought to ensure compliance with statutory provisions for all pits operating without the
necessary permits or plans. '
To obtain a gravel pit weN permit, approval must be obtained for a substitute water supply
plan or a plan for augmentation which replaces all water lost to the stream system. The plan
must provide replacement water in amount, location, and time so as to prevent injury to other
vested water rights. The plan must address all illegal depletions associated with the operation,
including evaporation from exposed ground water and any other uses to which the water is put.
An alternative to obtaining a well permit would be for you to take remedial action so as to
eliminate water from seeping into the pit. For instance, perhaps backfilling along the bank
containing the seepage line and working the bottom of the pit may keep the water flows
underground.