PERMFILE134555

• Permit No: M1985184
• IBM Index Class Name: Permit File
• Doc Date: 12/6/1985
• Doc Name: MEMO CHARLES NAUTA PIT 2 M-85-184 SW 1/4 SE 1/4 SEC 35 T8N R69W
• From: DOW
• To: MLRD
• Media Type: D
• Archive: No

RICHARD D. LAMM
Governor
MEMORANDUM
1313 Sherman Street-Room 818
Denver, Colorado 80203
[phone]
December 5, 1985
111 IIIIIIIIIIIIIlII
999
JERIS A. DANIELSON
State Engineer
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a/ Re'4°Urces
T0: David Berry, Mined Land Reclamation Div~si
FROM; Hal D. Simpson, Deputy State Engineer ~'~~
SUBJECT: Charles Nauta, Pit #2, #M-85-184, SWl/4, SEl/4, Sec. 35, TBN, R69W
As requested, we have reviewed the above referenced application for a permit
to mine sand and gravel on eleven acres 1.5 miles northwest of Ft. Collins,
Colorado, in Lorimer County, From the application, it is unclear what the
proposed future use of the lake created by the mining operation is to be.
This information is needed to determine whether the operator plans to put the
ground water exposed to beneficial use.
Should Charles Nauta claim and show there is not a beneficial use of the pit
water, the evaporation from the additional pond surface area created by mining
would be considered a wasteful use of the ground water. Senior water right
holders are rightfully entitled to this water. If there was a wasteful use of
water, our Division Engineer would order Mr. Nauta to cease operations in
compliance with Section 37-92-502(2), C.R.S. (1973).
On page G-1 it is mentioned that water from the dewatering operation may be
used for dust suppression. This would be putting ground water to beneficial
use. Depending upon the proposed future use of the lake created by the mining
operation, the evaporation from the lake may also be a beneficial use of
ground water.
If Mr. Nauta plans to put the ground water exposed by the mining operation to
beneficial use, we require that a well permit be obtained from our office.
The well permit must be obtained prior to excavation of the new gravel pit
area, Otherwise, Charles Nauta will be in violation of Section 37-92-137,
C.R.S. (1973). Since the gravel pit is located in an over-appropriated basin,
the well permit could not be obtained until a court approved plan for
augmentation has been developed.
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
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OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES