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Peter Wayland ,,,Weiland, Inc. P.O. Box 18087 Boulder, CO 80308 DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES f November 18, 2014 J Re: Kirtright Substitute Water Supply Plan (WDID 0402542) Kirtright Gravel Pit, DRMS File No. M- 1986 -123 (WDID 0403017) Section 15, T5N, R68W of the 6th P.M. P-- Water Division 1, Water District 4 Approval Period: January 1, 2014 through December 31, 2015 Contact Phone Number for Mr. Peter Wayland., 303 - 823 -0951 Dear Mr. Wayland: Ad, John W. Hickenlooper Governor Mike King Executive Director Dick Wolfe, P.E. Director /State Engineer RECEIVED '1V0V 19 2014 DIVISION OF RECLAMATION MINING AND SAFETY This letter is in response to your application of October 8, 2014 requesting approval of a substitute water supply plan ( "SWSP) for a sand and gravel pit owned and operated by Coulson Excavating Company, Inc. ( "Coulson" or "Applicant ") in accordance with Section §37 -90- 137(11), C.R.S. The Applicant shall be responsible for compliance with this plan. The required fee of $257 for the substitute water supply plan has been submitted (receipt no. 3666873). Plan Operation This plan seeks to replace depletions resulting from mining at the Kirtright Gravel Pit ( "Kirtright Pit'). Kirtright Pit is located in the SE1 /4 of Section 15, Township 5 North, Range 68 West of the 6th P.M. Mining at this site has been completed and the total ground water exposed at this site is approximately 24.48 acres. The Kirtright Pit is currently in the reclamation stage, therefore this SWSP will account for the evaporation losses from the exposed ground water at the site. According to the information provided, a total of 2.99 acres of pond surface was exposed within the Kirtright Pit reclamation permit boundary prior to January 1, 1981. Based on the Division 1 Water Court decision in case no. 2009CW49, the replacement of evaporative depletions is not required for ground water exposed to the atmosphere prior to January 1, 1981 through open mining of sand and gravel, regardless of whether open mining operations continued or were reactivated on or after that date. The Water Court effectively held that Senate Bill 120 of 1989, as amended in Senate Bill 93 -260, exempted all pre -1981 exposed ground water regardless of whether open mining operations continued or were reactivated on or after January 1, 1981. Accordingly, for the 24.48 acres (2.99 acres exposed prior to January 1, 1981 and 21.49 acres exposed after December 31, 1980) of ground water currently exposed at the Kirtright Pit, replacement of evaporative depletions is only required from the 21.49 acres exposed after December 31, 1980. The area exposed prior to 1981 is shown on the attached Figure 2. The credits for the pre -1981 area are tied to the location identified on Figure 4 and may not be re- allocated to other areas of ground water exposure within the gravel pit permit boundary. In the previous SWSP approval, the applicant was required to file for a permanent plan for augmentation with the Water Court by December 31, 2012, to include the long -term Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303 - 866 -3581 • Fax: 303 - 866 -3589 www.watenstate.co.us