HYDRO21073

• Permit No: M2004047
• IBM Index Class Name: Hydrology
• Doc Date: 12/17/2004
• Doc Name: Substitute Water Supply Plan
• From: OSE
• To: Weiland Inc.
• Media Type: D
• Archive: No

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STATE OF COLORADO

OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Sveet, Room 818
Denver, Colorado 80203
Phone [phone]
FAX [phone]
www.water.stafe.co.us
December 17, 2004
RECEIVEd
Mr. Peter Wayland/ DEC 2 2 2v"I~
Weiland, Inc.
10395 West Colfax, Suite 350 Division ~f Minerals and Geology
Lakewood Co 80215
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Re: Substitute Water Supply Plan, Farfrumwurkin, LLLP, File Pit II-M2004-047
Sections 31 & 32, T2N, R68W, 6th P.M.
Water Division 1, Water District 6, Weld County
Dear Mr. Wayland:
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Bill Owem
Governor
Russell George
Executlve Direttor
Hal D. Simpson, P.E.
Sete Engineer
We have received your letter of December 15, 2004, requesting amendment to our approval of
December 10, 2004 of the above referenced substitute watersupply plan. This amendment will change
the source of the replacement water used to cover the 2005 depletions at the File Pit II. The new
source of replacement waterfor this pit is 22.28 acre-feet of fully consumable water leased from the
City of Lafayette (Lafayette) and made available at its wastewatertreatment plantfor deliveryto Coal
Creek as described in the referenced lease. The fully consumable and reusable water can be
provided from Lafayette's decreed water rights that contain fully consumable and reusable credits.
The A 15 percent river transit loss is included in this amount. The monthly depletions and
replacement requirements are found on the attached Table I.
All conditions listed in the original substitute water supply plan approved for the File Pit II on
December 10, 2004 remain in effect except as modified below. A copy of the original approval is
attached for your reference.
1. Unless otherwise revoked or modified, this plan shall be valid through December 31, 2005. 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 $217) no
later than November 15, 2005.
2. The existing lease of the replacement water is evidenced by an agreement with the City of
Lafayette dated December 15, 2004. A copy of the agreement has been furnished to this
office on December 15, 2004. The new replacement water tease agreement is valid from
January 1, 2005 though December 31, 2005. Tfiis new water lease agreement will
supercede the previous replacement water lease agreement with the City of Louisville. All
replacement water must be concurrent with depletions in quantity, timing and location.
3. Adequate accounting of depletions and replacement must be provided to the division
engineer in Greeley and the water commissioner on a monthly basis or other interval
acceptable to both of them. The accounting form provided with yourapplication is subject to
modification and approval by the division engineer and the water commissioner. The
accounting form provided to the division engineerand the water commissionermust identify
the source of the fully consumable water available each month from the City of Lafayette and
the decree that applies to that fully consumable water. All amounts shall be in acre-feet,