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Michelle Austin <br />April 25, 2006 <br />Page 2 <br />schedule to the Arkansas River, as presented in your Table 3. The total lagged depletions for <br />this plan year are 59.61 acre-feet. No mining or dewatering will take place during this plan year <br />unless an amendment to this plan is approved. <br />The previous plan was approved through March 31, 2006 with a requirement that the net <br />unreplaced depletions for the plan year of 37.26 acre-feet be replaced. Of that amount, 9.15 <br />acre-feet remain unreplaced. You propose that the remaining unreplaced depletions will be <br />replaced through the excess 6.07 acre-feet of LAVWCD water available in water year 2006 and <br />subsequent water years until the unreplaced depletions are completely replaced. <br />Your analysis shows that 21.65 acre-feet of depletions from the Active Pit will accrue to <br />the river after the expiration date of this plan. The analysis for the Old Aggregate Sales Areas <br />from the prior years submittal shows that about 5.13 acre-feet of post plan depletions will accrue <br />to the river from this pond. Therefore, the total combined post plan depletions are <br />approximately 26.78 acres-feet. <br />REPLACEMENTS <br />The source of replacement water is the Lower Arkansas Valley Water Conservancy <br />District, and a 5-year lease agreement has been submitted as verification to this office. The <br />terms of the lease are 99 shares of Twin Lakes water per year, commencing April 1, 2005. You <br />have considered transit losses of 10% from Twin Lakes Reservoir to Pueblo Reservoir and 0.25 <br />percent per mile for 18 miles to the Rich Pit. The total transit loss is 9.5 acre-feet. You estimate <br />that the shares will provide in excess of 75.2 acre-feet per year of replacement water and will <br />therefore be sufficient to replace depletions associated with the Rich Pit and transit losses, <br />which total 75.2 acre-feet. <br />The source of renewable long-term replacement water sufficient to cover evaporative <br />depletions has not been secured for this plan. Lafarge West, Inc maintains a bond with the <br />Division of Minerals and Geology for reclamation of the site, but the bond is not of sufficient <br />amount to backfill the excavations to a level above the ground water table. Lafarge West, Inc. is <br />negotiating with the-City of Aurora~and Aurora•has filed amendments to Case~Nos. 99CW 169•° ~• ~ "~ <br />and 99CW 170 to include the Rich Pit for water storage. You state that if Aurora purchases this <br />site, then Aurora will provide the long-term commitment of water supply from its Arkansas Basin <br />water rights. Aurora intends to construct a slurry wall liner and use the pit as a reservoir. <br />CONDITIONS OF APPROVAL <br />I hereby approve the proposed substitute water supply plan in accordance with §37-90- <br />137(11), C.R.S., subject to the following conditions: <br />This plan shall be valid through March 31, 2007 unless otherwise revoked or modified. If <br />this plan will not be made absolute by a water court action by the plan's expiration date, <br />a renewal request must be submitted to this office with the statutory fee (currently $217) <br />by February 15, 2007. <br />2. The exposed ground water surface areas, consumption of water, and river depletions <br />due to operation of this plan may not exceed those listed in Tables 1, 2, and 3, unless an <br />amendment is approved in advance by this office. Documentation of pond size may be <br />required by the Division Engineer in the form of an aerial photo evaluation or survey by a <br />