2010-09-24_GENERAL DOCUMENTS - M1999120

• Permit No: M1999120
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 9/24/2010
• Doc Name: South Platte River Water Level at 7525 Hwy 85, Fort Lupton
• From: Diviison of Water Resources
• To: DRMS
• Permit Index Doc Type: Gen. Correspondence
• Email Name: DAB
• Media Type: D
• Archive: No

DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATER RESOURCES
September 24, 2010
Ross Bachofer
PO Box 652
LaSalle, CO 80645
Re: South Platte River Water Level at 7525 Hwy 85, Fort Lupton
Dear Mr. Bachofer:
Bill Ritter, Jr.
Governor
Mike King
Executive Director
Dick Wolfe, P.E.
Director/State Engineer
Thank you for contacting me by mail regarding the situation on your property in Fort Lupton. I understand
you have a concern that the construction of a slurry wall related to the sand and gravel mining operation
across the river from your property is causing the level of the river to rise, inundating portions of your
property to a greater level and greater frequency than in the past. I know you have also been in contact
with David Berry of the Division of Reclamation, Mining and Safety and that he has corresponded with
you.
The Division of Water Resources' authority related to this situation is limited to the subject of the
administration of both ground water and surface water within the prior appropriation system. What that
means is that the Division of Water Resources must ensure that the operation of the sand and gravel
mining facilities, including the pit itself, wells, and surface water diversion do not prevent water users with
senior rights from getting the water they are legally entitled to - an outcome that is legally known as
material injury. Your situation is different and you suspect it is the result of the slurry wall changing the
ground water and surface water hydraulics, resulting in the river flowing at a higher stage. We have no
statutory authority over those circumstances if they are not causing material injury.
You have referred to the fact that the Division of Water Resources "permitted" the slurry wall that you
suspect is causing this situation. I would like to clarify for you that the Division of Water Resources does
not have a role in actually "permitting" the construction of the slurry wall. Rather, our role is to approve
the slurry wall's ability to isolate the excavated area from the alluvial ground water for our administrative
purposes. That is important to us when considering administrative aspects of the excavated area and the
water contained in it.
The Division of Water Resources will continue to coordinate with the Division of Reclamation, Mining and
Safety to the extent that our administration of the operations at the sand and gravel mining operation are
pertinent to your situation. If you have questions, please contact Kevin Rein, Assistant State Engineer.
Si
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of e, P.E.
Director/State Engine r
cc: Dave Nettles, Division Engineer
David Berry, Division of Reclamation, Mining and Safety rrryyy
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Office of the State Engineer -
1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: [phone] • Fax: [phone]
www.water.state.co.us