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<br />~~: OSt <br />OFFICE OF THE STATE ENGINEER <br />Division of Water Resources <br />Department of Natural Resources <br />1313 Sherman Street, Room 818 <br />Denvar, Colorado 80203 <br />Phone (303) 868-3581 <br />FAX (303) 866-3589 <br />http:l/www.water. state.co.us <br />~M i 98 l -dsg <br />STATE OF COLORADO <br />r Kirsten M. Kurath, Esq. <br />Williams, Turner & Holmes, P.C. <br />P.O. Box 338 <br />Grand Junction, CO 81502 <br />ys,, <br />~ ~alfi ~ <br />Augusts, 2007 ~CEIVED <br />AUG 0 6 2001 <br />pivisan Dtand Safety n <br />Mining <br />RE; 2006-2007 Substitute Water Supply Plan for <br />Debeque Pit (DMG #M-81-058a <br />Sections 8 8 9, T9S, R97W, 8 P,M. <br />Water Division 5, Water District 45, Mesa County <br />Period of Approval: May 17, 2006 through May 16, 2008 <br />Dear Ms. Kurath: <br />Bill Ritter, Jr. <br />Governor <br />Hams D. Sherman <br />Executive Director <br />(Vacenr) <br />State Engineer <br />We have completed review of your March 13, 2006 request for renewal of the substitute water <br />supply plan for the Debeque Pit on behalf of Elam Construction and Tom and Ginger Latham <br />(hereinafter referred to as "Applicants"), in accordance with CRS 37-90-137(11). The required fee of <br />$217 for the renewal request has been submitted. <br />SWSP Operations <br />The anticipated net depletion for this plan is 22.7 acre-feet per year for up to 6.0 acres of water <br />surface exposed after December 31, 1980. According to the information submitted, no water surface <br />was exposed within the reclamation permit boundary prior to January 1, 1981. <br />You have provided a monthly breakdown of the annual depletions made up of 19.2 acre-feet of <br />evaporative loss, 2.5 acre-feet of water used and consumed for dust control, and 4.4 acre-feet of water <br />lost with the mined product. A phreatophyte credit of 3.4 acre-feet has been applied to this plan, <br />reducing the evaporative loss to 15.8 acre-feet per year, <br />The proposed sources of replacement for this pit are 32.5 acre-feet of historic net stream <br />depletions during April through October from the dry-up of 16 acres of land historically irrigated with 5.11 <br />shares in the Larkin Ditch Company. The monthly depletions and replacement requirements are found <br />on attached Table 9. Note that a comprehensive stream depletion analysis considering return flow lags <br />may be necessary for approval of a plan for augmentation. The Larkin Ditch Company owns the Larkin <br />Ditch (senior right) water right, decreed in Case No. CA7927 for 25 cfs for irrigation purposes, and the <br />First Enlargement of the Larkin Ditch (junior right) decreed in Case No. W-176 for 12.5 cfs for irrigation <br />purposes. The amount dedicated to this plan equates to 1.435 cfs of the senior right and 0.7175 cfs of <br />the junior right. <br />A condition of approval in the October 20, 2003 plan approval letter required the applicant to file <br />an application for a plan for augmentation with the Division 5 Water Court prior to May 16, 2005 to <br />assure that out-of-priority depletions resulting from the ground water exposure will be replaced to the <br />stream system. The applicant filed Case No. 05CW76 on May 12, 2005 requesting an underground <br />water right, a change of water right and a plan for augmentation. An additional condition of approval in <br />the plan approval letter required the applicant to obtain a well permit for the gravel pit. Permit No. <br />