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HICIIAHD D..LAMM Governor 126411 III IIIIIIIIIIIIIIII JEr115 A. DANIELSON Stale Engineer OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866=3581 October 7, 1983 MEMORANDUM 7'0: ><In McArdle Mined Land Reclamation Staff ~.,~(~. s-tr,.~ FR6M: ~ Hal D. Simpson, Assistant State Engineer RECEIVED OCT 111983 MIMED LAND RECLAMATION DI4ISION Colo. Dept of Natural Resources SUBJECT: Andesite Rock Company - Lyons Quarry, Application for Mining and Reclamation Permit, R77-141 As requested, we have reviewed the above referenced application for an open pit quarry near Lyons. Andesite plans to use a closed system for sedimenta- tion and processing., Process water will be recycled to sedimentation ponds. Make-up water to the system will be supplied by a ditch fed by South St. Vrain Creek. Andesite indicates they have permission for this source of supply from t.lle landowner who controls a 0.9 cfs ditch right. Even with permission from the landowner, Andesite cannot legally use this ditch water for mining unless ilte landowner's water right allows this type of use. The water right is most likely adjudi- cated for irrigation use. I£ this is true, Andesite would need to obtain a change of use decree from the Water Court before using the water right. The application states that the sedimentation ponds will be retained for live- stock watering and irrigation after mining is finished. Andesite catulot legally divert water into this pond area when there is a call on the South St. Vrain Creek. The landowner also cannot use his water right to divert water to storage unless the right is decreed for this purpose. We also have some question as to whether one source of water for the sedimen- tation ponds may be ground water. If ground water is a source and if the ground water is used beneficially during or after mining, we lvould require that a well permit be obtained for the sediment ponds. Otherwise, Andesite would be in violation of CRS 1973, 37-90-137. Since the sediment ponds are located in the over-appropriated St. Vrain basin, the well permit could not be obtained until a court approved plan for augmentation has been developed. In conclusion, we cannot recommend approval of this application until t:he above discussed issues are addressed. Further, we will order any illegal diversions to cease. Also, if a well permit is needed and not obtained, we will order operations to cease. HDS/JRH:ma cc: Jim Clark, Div. Eng.