2016-01-12_REVISION - M1985112 ‎(7)‎

• Permit No: M1985112
• IBM Index Class Name: Revision
• Doc Date: 1/12/2016
• Doc Name: 3rd Adequacy Letter Response AM01
• From: Loloff Construction, Inc.
• To: DRMS
• Type & Sequence: AM1
• Email Name: PSH
• Email Name: WHE
• Media Type: D
• Archive: No

Lotoff Pit SWSP Page 4 of 7
February 25, 2015
determines that a different affidavit or dedication process is necessary to assure proper dedication of
the shares, additional information may be required prior to future SWSP approvals.
Conditions of Approval
I approve the proposed substitute water supply plan in accordance with § 37-90-137(11), C.R.S.,
subject to the following conditions:
1. This SWSP shall be valid for the period of January 1, 2015 through December 31, 2015, unless
otherwise revoked, modified, or superseded by decree. If this plan will not be made absolute by
a water court action by the plan's expiration date, a renewal request must be submitted to this
office with the statutory fee (currently $257) no later than November 1, 2015.
2. Well permit no. 77467-F, as amended, was obtained for the current use and exposed pond
surface area of the gravel pit in accordance with § 37-90-137(2) and (11), C.R.S. -
3. The total surface area of the groundwater exposed at the site during this plan period must not
exceed 1.52 acres, resulting in 4.43 acre-feet of evaporative loss.
4. The annual amount of water used at the Loloff Pit for dust control shall not exceed 4.10 acre-feet
and total product mined at the site shall not exceed 500,000 tons resulting in 7.36 acre-feet of
water lost with the mined aggregate.
5. Total consumption at the Lotoff Pit during this plan period must not exceed these aforementioned
amounts unless an amendment is made to this plan.
6. Approval of this plan is for the purposes as stated herein. Any additional uses for which the water
may be used will be allowed only if a new SWSP is approved for those additional uses.
7. All releases of replacement water must be sufficient to cover all out-of-priority depletions in
time, place, and amount and must be made under the direction and/or the approval of the water
commissioner. The release of replacement water may be aggregated to maximize beneficial use.
The water commissioner and/or the division engineer shall determine the rate and timing of an
aggregated release. The Applicant is required to coordinate with the water commissioner the
delivery location of replacement water to ensure out-of-priority depletions are adequately
replaced to prevent injury to other water rights. Conveyance loss for delivery of augmentation
water is subject to assessment and modification as determined by the water commissioner or
division engineer.
8. The replacement water that is the subject of this plan cannot be sold or leased to any other entity.
As a condition of subsequent renewals of this substitute water supply plan, the replacement water
must be appurtenant to this site until a plan for augmentation is obtained. A copy of this approval
letter should be recorded with the county clerk and recorder. All replacement water must be
concurrent with depletions in quantity, timing, and location.
9. Conveyance loss for delivery of augmentation water is subject to assessment and modification as
determined by the division engineer.
10. The name, address, and phone number of the contact person who will be responsible for the
operation and accounting of this plan must be provided on the accounting forms submitted to the
division engineer and the water commissioner.
11.Adequate accounting of depletions and replacements must be provided to the division engineer in
Greeley ([e-mail]) and the water commissioner ([e-mail])
on a monthly basis. Submitted accounting shall conform to the Administration Protocol
"Augmentation Plan Accounting, Division One - South Platte River" (attached).