HomeMy WebLinkAbout20091583.tiffRESOLUTION
RE: APPROVE 600 FOOT WELL SPACING STATEMENT AND AUTHORIZE CHAIR TO SIGN
- CITY OF GREELEY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a 600 Foot Well Spacing Statement from
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, to the City of Greeley, commencing July 13, 2009, with further terms and conditions
being as stated in said statement, and
WHEREAS, after review, the Board deems it advisable to approve said statement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the 600 Foot Well Spacing Statement from the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, to the City of
Greeley be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said statement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 13th day of July, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY vCOLORADO
ATTEST:
Weld County Clerk to the B
BY.
Date of signature "11 a3leri
De ' y Cler 'o the Board
Sea P. Conway
aarKirkmeyer
illiam F. Garcia Chair
IC?1 Jo
s Radema er, Pro-Tem
David E. Long
2009-1583
BC0040
600 FOOT WELL SPACING STATEMENT
Weld County, Colorado ("the County"), by and through the Board of County
Commissioners of the Weld County, states as follows:
1. The County owns a gravel pit located in the NE'/4 of the SW'/, Section 31,
Township 6N, Range 65W, of the 6th P.M., Weld County, Colorado. The County
owns the right and easement to the following well: Permit # 50425-F in the NE'/
of the SW'/4 of Section 31, Township 6N, Range 65W, of the 6`h P.M., Weld
County, Colorado.
2. The County has been apprised that the City of Greeley, Colorado, the present
owner of a parcel of land in the SE'/4 of the SW %, Section 31, Township 6N,
Range 65W, of the 6th P.M., Weld County, Colorado, desires to drill a new well or
extend the use of an existing well. The County also understands that the purpose
of such well is set forth in the well permit application, and that the County has
reviewed the application that was submitted to the State Engineer and receipted
by him under receipt no. 3640255 - Island Grove Park Pond.
3. The proposed location for the subject well will be 600 feet or less from the
County's well.
4. By this Statement, the County is specifically waiving any objection to the
issuance of a well permit for the subject well, as set forth in the referenced
application, and would request that permit issuance not be postponed or denied
because of any concerns by the Division or others that the proposed well will
materially affect the County's well or water right. The County is also specifically
waiving its right to participate in a hearing before the State Engineer pursuant to
Section 37-90-137(2), C.R.S.
5. By this Statement, the County is not waiving its right to take necessary action in
the future to protect its gravel pit well(s) from injury due to the subject mining
operation.
Dated this 13`h day of July 2009
Deputy CI to the B
WELD COUNTY, COLORADO
William F. Garcia, Chairman
Board of County Commissioners
of Weld County JUL 1 3 2009
2009-1583
Form No.
GWS-27
8/2006
COLORADO DIVISION OF WATER RESOURCES
DEPARTMENT OF NATURAL RESOURCES
1313 Sherman Sr., Rm 818, Denver, Colorado 80203
Phony (303) 8883581
For Office Use only
REVIEW INSTRUCTIONS PRIOR TO COMPLETING FORM
GRAVEL PIT WELL PERMIT APPLICATION
1.
TYPE
2F PERMIT
L
IN
NEW PIT(S)
PIT(S) EXIST, CONSTRUCTED AFTER DEC. 31, 1980
2.
APPLICANT INFORMATION
NAME(S) of t4 a (hri s I r'/
Mailing Address ."41000 In''" Si-ret 4 -
City, St. Zip br e e.t y t CO 8O(0A I
Phone ( q30 ) 3t •- (I i I
3.
CONSULTANT/ATTORNEY/OPERATOR CONTACT (If different than /12)
PIT NAME 'Ls I &mei krnautt
NAME(S) Har4'rn4vrnd ih3exCorrol-1ant-S1tflr..
Mailing Address (00 -Par It t�nrnk -Dr Wr9Th
DMG NO.
City, St. Zip fool d e n Gt) 8mm I
r
Phone (30 3 ) 59Lo -ato&)
4.
GENERAL LOCATION OF PIT(S); COUNTY
SE 1/4 St&\ 1/4, Sec. 51 Twp. to
PC
N.
❑
S., Range l0 S
❑
E.
K
W. low" P.M.
5.
Estimated maximum water surface to be exposed: 4 Acres. Number of Pits I
6.
Estimated depth of pit(s) I f) Ft. Estimated depth to groundwater 3 Ft.
7.
Estimated date to expose groundwater )S'-iqq q - to complete mining S- aoo (0
8.
ENTS: (Check which have been attached.)
(a) Scaled map of pit area with range, township, & section clearly Identified (REQUIRED).
(b) ❑ Copy of the reclamation permit, If applicable.
(c) ❑ Copy of pre 1/15/89 water conservancy dist. or water user assoc. augmentation agreement, If applicable.
(d) ❑ Copy of proposed substitute water plan or augmentation plan application, If applicable.
(a) ❑y�Copy of court approved augmentation plan, if applicable. Case No.
(f)
)1 Other Cbp% Ot- O,Qpmve.d Su) Q1).
9.
Detailed description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of
diversion of any water withdrawn from the pond.
M. • IS •
co., re. (dinned vol.-
nSO4S ?flew ,„,i- iti, to03ato- NMI 6 l r it rn,. iin) rvl
•�nrl 5rrr �rc�nvtc�. t
tp•a riere,6 nil mink lac.. )n %c s.eel •Fn't.0 ra.rres.
10.
I (we) have read the statements made herein and know the contents thereof, and that they are true to my (our)
knowledge. [Pursuant to Section 24-4.104 (13)(a) C.R.S., the making of false statements herein constitutes perjury
in the second degree and is punishable as a class 1 misdemeanor.)
Name/Title (Please type or print)
M r the -Ile, MohnSon,'P•6 .
Lllu4rna,Wood Wain Consul lomh,ti.
Signature
ir, akta ��O/tAtoar\
Date
/iill 11 aop9
For Office Use only U r
Court Case No. Div. Co. WO Basin MO' Use
_
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATER RESOURCES
September 5, 2008
Colorado Rock Products Association
6855 South Havana Street, #540
Centennial, CO 80112
Consultants/Attorneys who have submitted supply plan requests for gravel pits
Bill Ritter, Jr.
Governor
Harris I). Sherman
Executive Director
Dick Wolfe, P.E.
Director
Re: Change in Administration of Evaporation from Ground Water Exposed to the
Atmosphere Prior to 1981
Dear CRPA, Consultants, and Attorneys,
I wanted you to have advance notice of a change in the administration of sand and
gravel pits that exposed ground water to the atmosphere prior to 1981 and were actively mined
on or after January 1, 1981. In the past, the State Engineer allowed such sand and gravel pits
to claim an exemption from replacement requirements for out -of -priority evaporation from
ground water exposed to the atmosphere prior to January 1, 1981, even when active mining
operations continued or were reactivated on or after this date. Such exemptions were granted
based on an incorrect interpretation of Senate Bill 120 of 1989, which added the following
"grandfather provision" to section 37-90-137(11)(b), C.R.S.:
If any ground water was exposed to the atmosphere in connection with the
extraction of sand and gravel by open mining as defined in section 34-32-103(9),
C.R.S., prior to January 1, 1981, no such well permit, plan for augmentation, or
plan of substitute supply shall be required to replace depletions from evaporation;
except that the burden of proving that such ground water was exposed prior to
January 1, 1981, shall be upon the party claiming the benefit of this exception.
Notwithstanding the provisions of this paragraph (b), judgments and decrees
entered prior to July 1, 1989, approving plans for augmentation, which plans
include the replacement of depletions from such evaporation, shall be given full
effect and shall be enforced according to their terms.
This change in administration by the State Engineer under this provision was prompted
by a recent enforcement action involving a sand and gravel pit that had exposed ground water
prior to and after January 1, 1981. The owner had failed to provide any replacement of out -of -
priority evaporative depletions. In response to the enforcement action, the owner of the pit
provided the State Engineer with copies of some of the legislative history of Senate Bill 120 of
1989• and the Attorney General's office recently completed a review of all of the available
legislative history. This review confirmed that only sand and gravel pits that remained inactive
Office of the State Engineer
1113 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303 86c-3581 • Fax: 303-886 •3589
w ww. w ater, to te.cu.uS
September 5, 2008 Page 2
on or after January 1, 1981 were intended to benefit from the grandfather provision in Senate
Bill 120 of 1989,
For instance, the final Revised Fiscal Note prepared for the General Assembly regarding
Senate Bill 120 of 1989 assumed that the grandfather provision "would exempt only those pits
which were mined before January 1, 1981 and which have remained inactive since that date: if
they were continuously mined or reactivated they would be required to apply for a well permit,
apply for approval of a substitute water plan, and pay plan fees prior to July 15, 1990." This
fiscal note is supported by other legislative history that confirms that the grandfather provision
was intended to apply only to sand and gravel pits that were abandoned for mining purposes
prior to January 1, 1981 and were "closed," "dead," with "no more work being done?
Accordingly, I will now require that the owners and operators of sand and gravel pits,
which exposed ground water to the atmosphere prior to 1981 and were actively mined on or
after January 1, 1981, replace all of their out -of -priority evaporative depletions from the entire
surface area of the ground water exposed in the pits. Pre -1981 credits will no longer be allowed
for such pits unless previously approved in a water court decree. The Division of Water
Resources will also be amending the General Guidelines for Substitute Water Supply Plans for
Sand and Gravel Pits Submitted to the State Engineer Pursuant to SB 89-120 & SB 93-260 to
reflect the change in administration described above. More specifically, paragraphs 2 and 4 will
be revised or deleted, and other provisions may be added to the guidelines to reflect the change
in the administration of the affected pits as well as the change in the review and approval of
substitute water supply plans.
In light of this change of a long-standing administrative practice, owners and operators of
the affected pits will have until January 1, 2010 to comply with the replacement requirements
described above. I welcome your input on how best to implement this change without
unreasonable delay and without undue hardship on the owners and operators of the affected
sand and gravel pits. If you have any comments on the implementation of this administrative
change that you would like to be considered, please send your comments to the attention of
Kevin Rein (email is preferred: kevin.rein(a�state.co.us ) by Friday, September 26, 2008. After
reviewing any such comments, a similar notice of this administrative change will be sent to the
entire SWSP notification list for Water Divisions 1 - 7.
ely,,
cti Wolfe, P
Director/State Engineer
DW/jd
600 FOOT WELL SPACING STATEMENT
I
Weld County state as follows:
1. I own real property located in the 1 "b of the SE '/, Section 31
Township 6N , Range 65W , 6'h P.M., Weld County, Colorado.
Located on our property are the following well(s):
050425-F
2. I have been apprised that City of Greeley , the mining lessee of a parcel
of land in the __ S % of Section 31 , Township 6N • Range 65W ,
6'" PM., desire to excavate a gravel pit. I also understand that the purpose of such
gravel pit is to mine sand and gravel and I have reviewed the application that were
submitted to the Division of Minerals and Geology with DMG Number Pending.
3. The proposed location of the gravel pit will be less than 600 feet from one or more of
my gravel pit wells.
4. By this statement I am specifically waiving any objection to the issuance of a well
pennit by the State Engineer to City of Greeley for the subject gravel
pit.
5. By signing this statement I am not waiving my right to take necessary action in the
future to protect my gravel pit well(s) from injury due to the subject mining
operation.
Dated this 26 day of May , 19�.
9
E.
JJ‘Cis / ( 1 'h'r /' f /A%"iry
t/
Esther Gesick
From: Bruce Barker
Sent: Friday, July 10, 2009 2:24 PM
To: Esther Gesick
Subject: FW: Weld County consent for gravel pit well permit
Attachments: Greeley 600 Foot Well Spacing Statement.doc
Please include this with the information on this subject for Monday's agenda, and also
include the attached.
Thanks!
Bruce.
Original Message
From: Lee Miller [mailto:lmiller@bfw-law.com]
Sent: Friday, July 10, 2009 10:43 AM
To: Bruce Barker; Steve Nguyen
Subject: RE: Weld County consent for gravel pit well permit
Bruce: In this circumstance it is appropriate for the County to sign the form. I am
somewhat troubled by the changes in the current form from the prior version, and will look
for an opportunity to discuss with Dick Wolfe the omission of the "no waiver" language in the
new form.
We have had some trouble getting Greeley's cooperation on approving the use of a portion of
the effluent lease in a trade with New Cache Ditch for the augmentation of Dust Control Well
No. 2. You might talk with Dave Bauer or Clay Kimmi to see if there are still issues before
approval of Greeley's request.
Please let me know if you would like to discuss this further.
Thanks, Lee
Lee E. Miller
Burns, Figa & Will
6400 S. Fiddlers Green Circle
Suite 1000
Greenwood Village, Colorado 80111
303.796.2626
fax: 303.796.2777
lmiller@bfw-law.com or waterlawyer(dhotmail.com
CONFIDENTIALITY NOTICE: This message, the attachments, and any metadata contained in any
attachments may be confidential and may be privileged. If you believe that this e-mail has
been sent to you in error, please reply to the sender that you received the message in error;
then please delete this e-mail. Thank you.
1
IRS CIRCULAR 230 DISCLOSURE: This e-mail and any attached documents may contain provisions
concerning a federal tax issue or issues. This e-mail and any attached documents are not
intended or written to be used, and cannot be used, by any taxpayer for the purpose of
avoiding penalties that may be imposed on any taxpayer by the Internal Revenue Service
Original Message
From: Bruce Barker [mailto:bbarker@co.weld.co.us]
Sent: Friday, July 10, 2009 9:56 AM
To: Steve Nguyen; Lee Miller
Subject: FW: Weld County consent for gravel pit well permit
Steve and Lee:
Please see the attached. Should the County Commissioners sign the consent form?
Thanks.
Bruce.
Original Message
From: Katie Wiktor[mailto:katie.wiktor@greeleygov.com]
Sent: Thursday, June 25, 2009 2:59 PM
To: Bruce Barker
Subject: Weld County consent for gravel pit well permit
Mr. Barker,
The State Engineer's Office is requiring Greeley to get a new well permit for one of its
unlined gravel pits (the Island Grove gravel pit) due to a change in the SEO's administration
of gravel pits that expose groundwater. This also requires Greeley to get a new 600 foot
spacing consent form from Weld County since Greeley's Island Grove gravel pit is within 600
feet of Weld County's pit DMS #M78210. I have attached the form Greeley's needs Weld County
to sign again along with the previous consent form signed by Lee Morrison. In addition, I
have attached the letter that documents the new administration protocol of the SEO in regards
to gravel pits and groundwater exposure which helps explain why Greeley is required to get a
new well permit. Please call with any questions. Thank you for your assistance in this
matter.
--Katie Wiktor
Katie L. Wiktor
Assistant City Attorney
2
City of Greeley City Attorney's Office
1100 10th Street, Suite 401
Greeley, CO 80631
Telephone: (970) 350-9581
Facsimile: (970) 350-9763
This email message has been sent by a law office and is for the sole use of the intended
recipient(s) and may contain confidential and privileged information. Any unauthorized
review use, disclosure or distribution is prohibited. If you are not the intended recipient,
please contact the sender by reply email and destroy all copies of the original message.
Thank you.
3
Esther Gesick
From:
Sent:
To:
Subject:
Bruce Barker
Monday, July 13, 2009 8:09 AM
Esther Gesick
FW: Weld County consent for gravel pit well permit
Include this for this morning.
Thanks!
Original Message
From: Steve Nguyen [mailto:Steve@clearwatercolorado.com]
Sent: Monday, July 13, 2009 6:55 AM
To: Bruce Barker; lmiller@bfw-law.com
Subject: RE: Weld County consent for gravel pit well permit
Hi Bruce -
I do not see any issues with the County signing this either, although I
like Lee's suggestion to check the status of the New Cache effluent
trade agreement before we do so. It would be nice to get that consent
from the City as they can really hold us up on our Dust Control Well #2
project out near Briggsdale, which Public Works want drilled ASAP.
Steve
Steve Nguyen, P.E., President
Clear Water Solutions, Inc.
(T) 970.223.3706
(F) 970.223.3763
www.clearwatercolorado.com
Original Message
From: Bruce Barker [mailto:bbarker@co.weld.co.us]
Sent: Friday, July 10, 2009 9:56 AM
To: Steve Nguyen; lmiller@bfw-law.com
Subject: FW: Weld County consent for gravel pit well permit
Steve and Lee:
Please see the attached. Should the County Commissioners sign the
consent form?
Thanks.
Bruce.
Original Message
From: Katie Wiktor [mailto:katie.wiktor@greeleygov.com]
Sent: Thursday, June 25, 2009 2:59 PM
To: Bruce Barker
Subject: Weld County consent for gravel pit well permit
1
Mr. Barker,
The State Engineer's Office is requiring Greeley to get a new well
permit for one of its unlined gravel pits (the Island Grove gravel pit)
due to a change in the SEO's administration of gravel pits that expose
groundwater. This also requires Greeley to get a new 600 foot spacing
consent form from Weld County since Greeley's Island Grove gravel pit is
within 600 feet of Weld County's pit DMS #M78210. I have attached the
form Greeley's needs Weld County to sign again along with the previous
consent form signed by Lee Morrison. In addition, I have attached the
letter that documents the new administration protocol of the SE0 in
regards to gravel pits and groundwater exposure which helps explain why
Greeley is required to get a new well permit. Please call with any
questions. Thank you for your assistance in this matter.
--Katie Wiktor
Katie L. Wiktor
Assistant City Attorney
City of Greeley City Attorney's Office
1100 10th Street, Suite 401
Greeley, CO 80631
Telephone: (970) 350-9581
Facsimile: (970) 350-9763
This email message has been sent by a law office and is for the sole use
of the intended recipient(s) and may contain confidential and privileged
information. Any unauthorized review use, disclosure or distribution is
prohibited. If you are not the intended recipient, please contact the
sender by reply email and destroy all copies of the original message.
Thank you.
Hello