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L77~ STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (3031866-3589 www.watecstate.co.us Frank C. Healy Helton & Williamsen, P.C. 384 Inverness Drive South, Suite 144 Englewood CO 80112-5822 September 19, 2003 RECEIVED SEP t 9 2003 p4'coto ye0 • ', a / ~ 1896 ~` Bill Owens Governor Division ~f Minerals and Geology Greg E. Walther Executive Director Hal D. Simpson, P.E. State Engineer RE: Lamar Pit Substitute Water Supply PIa~M-87-79 f NW1/4 Sec. 30, T22S, R46W, 6tn P.M. Water Division 2, Water District 67 Dear Mr. Healy: We have received your August 29, 2003 letter requesting amendment of the Lamar Pit substitute water supply plan for All Rite Paving & Redi-Mix, Inc. (All Rite). We have also received your new well permit application that will replace well permit No. 47193-F. This plan covers the use of both the gravel pit (well permit no. 47193-F, Identification No. 6705999) and the adjacent supply well (permit no. 47192-F, Identffication No. 6705953). The estimated maximum net depletion from the pit is 18.81 acre-feet per year due to evaporative loss from a total of 4.6 acres of ground water exposure (18.73 acre-feet) and evaporative loss from 2 small concrete lined ponds (0.08 acre-foot} following the scrubber that out-flow to a 0.3 acre pre-1981 gravel pit pond. The water surface area is not expected to fluctuate from discharges from the scrubbers, and discharge in only going to occur between May 1 and September 30. No portion of the water surface for the 4.6 acre pit was exposed prior to January 1, 1981. Water requirements associated with commercial activities, such as concrete hatching and dust suppression, if needed as mining occurs, can be provided by well permit no. 47192-F in the amount of up to 1.5 acre-feet per year. According to the renewal and amendment request there is currently no mining activity at the pit and there are no water uses or depletions other than evaporation. The renewal request does imply mining and concrete production could resume. If any such activity does resume depletions will be based on a product retention equal to 4% of mined product by weight. See attached Table 1 for monthly depletions. The source of replacement water is 50 shares of Fort Bent Ditch that you estimate yield 48.6 acre-feet annually on average, and 34.4 acre-feet annually in a dry year. Use of the Fort Bent shares generate credits during the irrigation season, and produce return flow replacement obligations during the non-irrigation season. During periods when there are insufficient Fort Bent Ditch credits available to replace the stream depletions, LAW MA will provide replacement water from sources available to it, such as its Article II Storage Accounts in John Martin Reservoir. In return, during periods when the 50 shares of Fort Bent Ditch are generating more credits than needed for the Lamar Pit, All Rite will make those credits available to tAWMA.