Laserfiche WebLink
x, <br />Kimberly K. Edwards <br />December 14, 2006 <br />Page 2 <br />with the Interim Rule issued by the Northern Colorado Water Conservancy District ("District') in May <br />2005 regarding the use of CBT Project water in substitute water supply plans. Prior to the use of C- <br />BT Project water, Loveland is required to notify this office, the division engineer and the water <br />commissioner of the amount of C-BT Project water dedicated to this plan and provide a copy of the <br />District's approval letter as required by paragraph I(g) of the District's May, 2005 Interim Rule. <br />The monthly depletions and replacement requirements are found on the attached Table 3. <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 is approved with the effective date of January 1, 2007 and shall be valid through <br />December 31, 2008 unless otherwise revoked or modified. If this plan wilt not be made <br />absolute by a water court action by the plan's expiration date, a renewal request must be <br />submitted to this office with the statutory fee {currently $257) no later than November 15, <br />2008. <br />Permit no.53203-F was previously obtained for exposed pond surtace area of the gravel pit, <br />in accordance with §37-90-137(2) and (11), C.R.S. A new well permit must be obtained for <br />the current use and exposed pond surtace area for the Wagner/Kauffman Pit No. 3 site <br />since the exposed pond surface area and the use of the ground water exceeds the amounts <br />currently permitted. A well permit application (receipt no. 3608828) was submitted on <br />September 12, 2006 and this application is pending evaluation. The provisions of Colorado <br />Revised Statute 37-90-137(2) prohibits the issuance of a permit for a well to be located <br />within 600 feet of any existing well, unless the State Engineer finds that circumstances so <br />warrant after a hearing held in accordance with the procedural rules in 2CCR402-5. This <br />hearing may be waived if you are able to obtain statements from the owners of all wells <br />within 600 feet, verifying that they have no objection to your use of the proposed well. <br />Should a new well permit be denied for reasons of 600 foot spacing, or any other legitimate <br />reason, approval of this substitute supply plan will be canceled. <br />3. The total surface area of the groundwater exposed at the Wagner/Kauffman Pit No. 3 after <br />December 31, 1980 must not exceed 2.6 acres resulting in 6 acre-feet per year of <br />evaporetive toss. <br />4. The total amount of product mined at the Wagner/Kauffman Pit No. 3 shall not exceed <br />350,000 tons per year, which results in 10.3 acre-feet of water lost with product. <br />5. Total consumption at the pit(s) must not exceed these aforementioned amounts unless an <br />amendment is made to this plan. <br />6. Approval of this plan is for the purposes as stated herein. Any additional uses for which the <br />water may be used must first be approved by this office. <br />7. The replacement water that is the subject of this plan cannot be sold or leased to any other <br />entity. As a condition of subsequent renewals of this substitute water supply plan, the <br />replacement water must be appurtenant to this site until a plan for augmentation is obtained, <br />A copy of this approval letter should be recorded with the county clerk and recorder. All <br />replacement water must be concurrent with depletions in quantity, timing and locations. <br />8. In the event Loveland plans to use C-BT Project water as a replacement source, Loveland <br />shall comply with the Interim Rule issued by the District in May 2005 regarding the use of C- <br />