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Mr. Forest Leaf, P.E. <br />January 14, 2004 <br />Page 2 <br />The Applicant has provided a monthly schedule of lagged depletions to the river system <br />resulting from operational losses. at this site.. The proposed replacement amounts represent the <br />distribution of lagged depletions under steady-state conditions such that the amount of <br />replacement equals the amount of depletions on an annual basis. <br />The information provided states that once the lease was obtained from Loveland, Hall- <br />Irwin started. to strip the ground with the intent of exposing. groundwater in late October 2003 <br />and early November 2003,. thus depletions began. in. October 2003.. . <br />The proposed source of. replacement for this pit is re-usable effluent leased. from the <br />City. of Loveland.. The 20031ease with the City of Loveland. will provide. a total of 14.61. acre-feet <br />of water from October through December 2003.. Of the 14.61. acre-feet of leased water,. <br />approximately 1.45 acre-feet will cover transit losses and 13.16 acre-feet wiN reach the <br />Bemhardt Pit... The transit loss was. set by the City. af. Loveland. at 10%.. This estimate is <br />conservative since the transit loss calculated as 0.5 percent per mile,. for the 16.25. miles from .. <br />the. City of Loveland wastewater treatment plant to the Bernhardt Pit, would. be 8.125%. Since <br />the City of Loveland. cannot enter into a two year. lease agreement, the. current lease. is only <br />valid. through December 2003... However, the plan states that a lease will be obtained from the <br />City of Loveland in January 2004. to cover the 2004 depletions. It is proposed that the applicant <br />will lease 68.92 acre-feet of water,. of. which 6.89 acre-feet will cover transit losses and 62.03 <br />will reach the Bernhardt Pit.. See attached fables 2 and. 3 for the lagged depletions and <br />proposed. replacements.. <br />As required by Section 8 of Senate Bill 89-120, this substitute water supply plan has been <br />prdvided to an outside consultant for review. The consultant has recommended approval of the <br />plan by way of a draftof this letter. Based upon statutory requirements. and the recommendations <br />of the. consultant, I. hereby approve the proposed. substitute water supply plan in accordance with <br />Section §37-90-137(11), C.R.S., subject to the following conditions: <br />1. This plan shall be valid through December 31, 2003,. unless otherwise revoked or <br />modified.. This plan will. be extended through December. 31, 2004 if a copy of the <br />2004 lease agreement with the City of Loveland is submitted. to the. State <br />Engineers office by January 31, 2004.. <br />2. If this plan will. not be made absolute by a water court action by the. plan's <br />expiration date,. a renewal request must be submitted to this office with the <br />statutory. fee (currently $217) at least 45 days prior to the expiration date of this <br />plan. <br />3. A well permit must be obtained. for the gravel pit in accordance with. §37-90-137(2) <br />and. {11), C.R.S.. and the proposed alluvial well in accordance with. §37-90-137{2).. <br />Any application: will be evaluated. subsequent to approval of this plan.. The <br />provisions of Colorado Revised. Statute 37-90-137(2) prohibits. the issuance of. a <br />permit for a well to be located within.600 feet of any existing wetl, unless the state <br />engineer finds that circumstances so warrant after a hearing. held in accordance <br />with. the procedural rules in 2CCR402-5. This hearing may. be waived. if you are <br />able to obtain statements from the owners of all. wells within. 600 feet, verifying. that <br />they have no objection to your use of the proposed well.. Should. a new well permit <br />be denied for reasons of 600 foot spacing, or any other legitimate reason, <br />approval of this substitute supply plan will be cancelled.. <br />