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Mr. Pete Foster Page 2 of 4 <br /> September 30, 2014 <br /> Uses <br /> The uses of water for the Simmons Pit during this approval period are expected to consist <br /> of 1.41 acre-foot of net evaporation from a water surface area not to exceed 0.49 acres (surface <br /> water diverted into the two on-channel ponds, no groundwater exposure)(See attached Appendix <br /> A) and 0.51 acre-feet for dust suppression. Total consumptive use from the pit operation is <br /> expected to be 1.92 acre-feet with 1.17 acre-feet (See attached Table 1) occurring when the <br /> Carpenter and Mitchell Ditch is diverting and 0.75 acre-feet of uses occurring when there is no <br /> call. <br /> Change of Use <br /> The mining operation is located on lands historically irrigated by the Carpenter and Mitchell <br /> Ditch. Simmons owns 2 cfs out of 2.33 cfs decreed to the M-13 water right (Case No. CA-1993) <br /> from Chicken Creek, a tributary to Mancos River. This water historically irrigated 85 acres and <br /> provides 0.99 AF/acre of historical consumptive use based on water physically available when in <br /> priority. The area to be mined is 32 acres of the northern part of the Simmons property. For this <br /> plan period, 32 acres in the northwest portion of the property (See Figure 1) will be dried-up and <br /> mined, and the historical consumptive use credits (HCU) (31.61 acre-feet, 30.2 acre-feet after <br /> pond evaporation) will be used for the mining operation. There are times when the M-13 water <br /> right will be out of priority. When this occurs FMC will haul water from Mancos or haul M&I water <br /> from Jackson Gulch Reservoir. <br /> The HCU credits will be measured in a 6-inch Parshall flume, which was installed on <br /> August 29, 2012, and is fed by a pipe that delivers water to the north side of the Simmons <br /> property from the Carpenter& Mitchell Ditch. It is placed in a turnout so that it can be measured <br /> separately from the water that will be used for irrigation. <br /> After being measured, the water, along with a 10% transit loss and historical groundwater <br /> return flow obligations will be delivered to two ponds onsite near the gravel operation. The <br /> groundwater return flow obligation will lag back to the stream system at the same rate that had <br /> historically occurred under irrigation where the mining now occurs. Water placed into the ponds is <br /> expected to infiltrate quickly due to gravely nature of the soils. The surface return flow obligation <br /> of the dry-up area will be delivered to the stream via a surface drainage that runs through the <br /> property to Mud Creek, a tributary to Mancos River, or allowed to remain in Chicken Creek as <br /> needed for water administration as determined by the Colorado Division of Water Resources. <br /> Conditions of Approval <br /> I hereby approve the proposed substitute water supply plan in accordance with Section <br /> 37-92-308(5), C.R.S., subject to the following conditions: <br /> 1. This SWSP shall be valid for the period of August 25, 2014 through August 24, <br /> 2015, unless otherwise revoked, modified, or superseded by decree. <br /> 2. In accordance with § 37-92-308(5), C.R.S., this SWSP cannot be renewed or <br /> approved for more than five years. This approval constitutes the fifth and final <br /> renewal of this SWSP. Therefore, should the applicant desire to operate this <br /> change of water right beyond this approval period, an SWSP would have to be <br />