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,r r~ 6 <br /> <br />OFFICE OF THE STATE ENGINEER <br />Division of water Resources <br />Department of Natural Resources <br />1313 Sherman Street, Room 878 <br />Denver, Colorado 80203 <br />Phone (303) 866-3581 <br />FAX (303) 866-3589 <br />wW w. WaCer.SfdM.[Q.us <br />Michael D. Shimmin <br />Lisa C. Ledet <br />Vranesh and Raisch, LLP <br />P.O. Box 871 <br />Boulder- C.D 80306-0871 <br /> <br />~~- / q~o-~%y <br />STATE OF COLORADO <br />April 18, 2006 <br />BCE/~CEiVE® <br />APR 2.4 2006 <br />i <br />+~i <br />s <br />~ /B76 ~` <br />Bill Owens <br />Gavemar <br />Russell George <br />Executive Director <br />Hal D. Simpson, P.E. <br />DlYlglon ®f Minerals and GeBlBsy State Engineer <br />RE Cripple Creek & Victor Gold Mining Company Substitute Water Supply Plan <br />Township 15 South, Range 69 West <br />Water Division 2, Water District 12 <br />EXPIRATION DATE: December 31, 2006 <br />Dear Ms. Ledet: <br />We have received submittals dated Nov. 14, 2001 (from W.W. Wheeler and Associates), <br />and Nov. 8, 2002, Nov. 5, 2003, Nov. 16, 2004, and Nov. 7, 2005 (from yourself) requesting <br />renewal of Cripple Creek & Victor Gold Mining Company's (CC&V) substitute water supply plan. <br />The current request is submitted pursuant to C.R.S. 37-92-308(4), referencing the plan for <br />augmentation applied for in case no. 02CW 122. <br />Notice has been provided to the objectors incase no. 02CW 122, and comments have <br />been received from the following objectors within some of the various 30-day comment periods: <br />Colorado Division of Wildlife (John D. Woodling), Canon Heights Irrigation and Reservoir <br />Company (Julianne M. Woldridge), and the CWCB (Alexandra L. Davis). Please copy these <br />parties on all further correspondence involving this plan. <br />PLAN OPERATION <br />CC&V operates a surface mine in the vicinity of the towns of Cripple Creek and Victor <br />that depletes stream flows. The plan's purpose is to provide replacement water to the streams <br />so as to prevent injury to senior vested water rights. <br />DEPLETIONS <br />Stream depletions occur to Fourmile Creek and Beaver Creek from various mining <br />operations. First, CC&V's gold mining operations contain areas (such as leaching pads, fuel <br />farms, etc.) permitted by the Division of Minerals and Geology to be zero-discharge, which <br />capture all precipitation and result in a reduction of runoff from precipitation. You have <br />calculated maximum monthly depletions, shown in the table below, to each of the Fourmile <br />Creek and Beaver Creek drainages based on the maximum number of acres of zero-discharge <br />area that will occur in each drainage. Zero-discharge areas within the Fourmile Creek drainage <br />is further subdivided into those overlying the volcanic diatreme (a more porous geological area <br />