HYDRO22703

• Permit No: M1977153
• IBM Index Class Name: Hydrology
• Doc Date: 2/5/2003
• Doc Name: Substitute Water Supply Plan
• From: SEO
• To: Environment Inc.
• Media Type: D
• Archive: No

Stevan L. O'Brian
Page 2
February 4, 2003
According to your letter of July 22, 2002, the gravel pit operator, Albert Frei and Sons, Inc., has
sold this site to Denver Water for possible future conversion to a water storage reservoir. Your letter of
December 3, 2002 indicates that Albert Frei and Sons, Inc. will turn the site over for operation by Denver
Water sometime in February 2003.
I hereby approve the proposed substitute water supply plan in accordance with §37-90-137(11),
C.R.S., subject to the following conditions:
Provided the amount of groundwater exposed at this site is less than the 23.4 acres exposed
prior to 1981, no release of replacement water is required to offset depletions from
evaporation at this site. In the event that the dewatering pumps are stopped, and more than
23.4 acres of groundwater are exposed, replacement water must be made available to
replace all out-of-priority depletions resulting from evaporation from the groundwater
exposed after December 31, 1980.
2. This plan shall become effective upon submittal of an executed lease for 113 acre-feet of
replacement water from Denver. This plan shall then be valid through January 31, 2005. If
this plan will not be made absolute by a Water Court action, or if lining of the pit has not
been completed by the plan's expiration date, a renewal request must be submitted to this
office with the statutory fee of $217 by December 15, 2004.
3. If the amount of groundwater exposed exceeds the 23.4 acres that were exposed prior to
January 1, 1981, a well permit must be obtained for the gravel pit in accordance with §37-90-
137(2)and (11), C.R.S. The provisions of Colorado Revised Statute 37-90-137(2) prohibits
the issuance of a permit for a well to be located within 600 feet of any existing well, unless
the State Engineer finds that circumstances so warrant after a hearing held in accordance
with the procedural rules in 2CCR402-5. This hearing may be waived if you are able to
obtain statements from the owners of all wells within 600 feet, verifying that they have no
objection to your use of the proposed well.
4. The wafer attributable to the applicant's 25 shares of the Fulton Ditch must continue to be
diverted in-priority at the ditch and then measured back to the South Platte River in the
vicinity of the Hazeltine Pit. Adequate measuring devices acceptable to the Water
Commissioner must be installed.
5. The replacement water that is the subject of this plan cannot be sold or leased to any other
entity. As a condition of subsequent renewals of this substitute water supply plan, the
replacement water must be appurtenant to this site until a plan for augmentation is obtained,
or the pit has been lined. A copy of this approval letter should be recorded with the County
Clerk and Recorder. All replacement water must be concurrent with depletions in quantity,
timing, and locations.
6. Adequate accounting of depletions and replacement must be provided to the Division
Engineer in Greeley (810 9th Street, 2nd Floor, Greeley, Colorado 80631 [phone])
and the W ater Commissioner (Bob Stahl, 9378 W CR 25, Ft. Lupton, CO 80621, (303) 857-
0742) on a monthly basis or other interval acceptable to both of them. A proposed
accounting form must be provided to the Division Engineer and such form is subject to
modification and approval by the Division Engineer. All amounts shall be in acre-feet.
7. The name, address, and phone number of a contact person who will be responsible forthe