2009-08-19_REVISION - M1987049 (3)

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Mr. Jeffrey Clark 5/5/2009 Page 2 shares will be used to replace depletions from the adjacent Bromley Pit and North Tower Pit. All will lateral historically Bromley b _ the shares n be delivered down the IGlGl 4l that served the Bromley Pit and will be measured prior to storage and/or released to the river for replacement of depletions. The historical consumptive use credit of Fulton Ditch shares has been the subject of various change cases of water rights proceedings in Water Division No. 1. The historical consumptive use credit of Fulton Ditch shares is based on 1.76 acre-feet per share as determined in the South Adams County Water and Sanitation District change case engineering report for Division 1 Water Court case no. 2001CW258. The 27 shares would have a total consumptive use yield of 47.5 acre-feet. The distribution of these shares is shown as column 10 on the attached Table 1. The historic yield of these Fulton shares will exceed the depletions in the summer months and requires replacement of historic return flows in the winter months. However the excess yield from the Fulton shares will be placed into storage in Kenneth Mitchell Lake for later release to the river during the fall and winter months, as shown in Tables 1 and 2. Ready Mixed has obtained an agreement with the City of Brighton to store up to 200 acre-feet of water in the Kenneth Mitchell Lake. Additional replacement requirement will be provided by water that Ready Mixed already has in storage, which is projected to be 82.4 acre-feet at the beginning of May 2009. Releases from storage for Ready Mixed Pit No. 1 replacement are shown in Tablel, column 13. The total storage releases are shown in Table 2, column 5. Ready Mixed portion of the Kenneth Mitchell evaporation was estimated based upon conservative storage projection provided by the City Of Brighton. The balance of the replacement requirements of 15.4 acre-feet will be provided by a lease for augmentation credits with the City of Brighton ("Brighton"). Table 1, column 14 shows the distribution of their respective credits. A copy of the lease with Brighton was provided to this office on May 5, 2009 and is attached to this letter. Conditions of Approval I hereby approve the proposed substitute water supply plan in accordance with C.R.S. §37-90-137(11), subject to the following conditions: 1. This plan shall be valid from May 1, 2009 through July 31, 2010 unless otherwise revoked or modified. 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 June 15, 2010. 2. Well permit no. 66083-F was issued in accordance with C.R.S. § 37-90-137(2) and (11) for a maximum total exposed surface water area in the pit of 5 acres. Since the existing permit no. 66083-F does not cover the entire 25.9 acres of exposed surface area, a new well permit must be obtained for the current use and exposed surface area of the gravel pit in accordance with §37-90-137(2) and (11), C.R.S. in conjunction with this plan. The provisions of Colorado Revised Statute 37-90-137(2) prohibits the issuance of a permit for a well to be located within 600 feet of any existing well, unless the State Engineer finds that circumstances so warrant after a hearing held in accordance with the procedural rules in 2CCR402-5. This hearing may be waived if you are able to obtain statements from the owners of all wells within 600 feet, verifying that they have no objection to your use of the proposed well. Should a new well permit be denied for reasons of 600 foot spacing, or any other legitimate reason, approval of this substitute supply plan may be cancelled.