HYDRO23317

• Permit No: M2001001
• IBM Index Class Name: Hydrology
• Doc Date: 9/20/2004
• Doc Name: Revised Substitute Water Supply Plan
• From: Four States Aggregates LLC
• To: DWR
• Media Type: D
• Archive: No

Letter of Transmittal, Line Camp SWSP, 17 September 2004, Page 4
reporting. The Plan uses the new numbers, and not numbers as contained in
the 2002 Plan or related correspondence, including our letter of 15 Mazch
2004. (However, production and area data as originally reported to the
Division and the Water Commissioner remains unchanged - it is only the
calculations based on that'data that have changed and result indifferent
numbers for water consumption.)
12. Many of the elements of the Plan required by the various references are
contained in the attachments, and are therefore not duplicated in the main
body of the Plan.
13. Based on the telephonic conferences earlier in tyre yeaz, and subsequent
follow-up, we understand that the Dolores Water Conservancy District is
willing to contract with Four States Aggregates., Duvall Truelsen, and
Montezuma Valley Irrigation Company for either the storage and accounting
of water made available by the dry-up of portions of the Home Ditch-irrigated
lands, in exchange for some amount of water and/or other considerations, or
for provision of water during the shoulder months; and that this will
acceptably allow for replacement of water consumed by the mining operntions
and evaporation from ponds on the Line Camp during times when the Home
Ditch is out of priority. This augmentation would possibly be under decree
95CW 104, or other applicable decrees. However, until this Plan is approved,
at least in concept, by the Division, no one is able to negotiate and enter into a
fmal agreement as directed by the letter. As soon as a written approval of the
concept of this Plan is received from the Division, we will complete
negotiations and prepare and execute a contract: to implement the requirements
of this Plan. We understand that final approval of this Plan will be contingent
on executing that contract. The key provisions of that contract appear to be:
a. Water normally used to irrigate the dried-up imgated cropland via the
Home Ditch will instead be allowed to flow on down the Dolores River, to be
stored in McPhee Reservoir.
b. Four States Aggregates or Mr. Duvall Truelsen will monthly provide
information on the amount of water allowed to flow (based on the historical
consumptive use) down the Dolores to DWCD. They will also provide an
estimate of any releases of water needed for the next month, to replace
consumption due to mining activities (including evaporation) that is above the
historical use, to prevent harm to themselves or other water users (water users
downstream from Line Camp, and MVIC, among others).
c. Water not needed for current operations or as a reserve would transfer to
DWCD or some other party to the agreement.
14. Mr. Truelsen's applications to the Water Court for change of water rights and
approval of a plan of augmentation are ready to be submitted, pending the
Division's approval of this Plan.
15. We appreciate very much the willingness of the Division to perform the
Glover analysis for this, if indeed an analysis is needed. At the time of the
review and approval of the origina12001 Plan, it was our understanding that
the Division's consultant determined that the analysis was not needed,