HYDRO25115

• Permit No: M1983013
• IBM Index Class Name: Hydrology
• Doc Date: 10/15/2006
• Doc Name: Substitute Water Supply Plan
• From: OSE
• To: Applegate Group, Inc.
• Permit Index Doc Type: Correspondence
• Media Type: D
• Archive: No

Michelle L. Austin
October 15, 2006
Page 2
The proposed source of replacement for this pit is a perpetual lease of fully consumable
water from a West Divide Water Conservancy District. The water will be released from storage
at Ruedi Reservoir and will be subject to a 5 percent Transit loss from Ruedi Reservoir to
Debeque. The monthly depletions and replacement requirements are found on the attached
Table 5.
As required by Section 8 of Senate Bill 89-120, this substitute water supply plan has
been provided to an outside consultant for review. I hereby approve the proposed substitute
water supply plan in accordance with §37-90-137(11), C.R.S. subject to the following conditions:
1. This plan shall then be valid through October 14, 2008 unless othervvise revoked or
modified. If this plan will not be made absolute by a water court action by the plan's
expiration date, a renewal request must be submitted to this office with the statutory
fee (currently $257) at least 45 days prior to the expiration date of this plan.
2. Provide the name, address and phone number of the person who will be responsible
for the operation of the plan to this office, the Division Engineer (Alan Martellaro, P.O.
Box 396, Glenwood Springs, CO 81602, telephone [phone]}, and the Water
Commissioner (Steve Pope 2754 Compass Drive #175, Grand Junction, Colorado
81506, telephone [phone]) within 20 days of the receipt of this approval.
3. A well permit must be obtained for the gravel pit in accordance with §37-90-137(2) and
(11), C.R.S. prior to exposure or use of groundwater. Any application will be evaluated
subsequent to approval of this plan. The provisions of §37-90-137(2) prohibit 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 in accordance
with the procedural rules in 2CCR402-5. The hearing will 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. Should a new well permit be denied for
reasons of the 600 foot spacing, or any other legitimate reason, approval of this
amendment will be canceled.
4. The losses associated with this mining operation must not exceed a total of 37.53
acre-feet for the duration of this permit approval. These losses include 25.27 acre-feet
of evaporation from the proposed exposure of 14.5 acres of ground water, 7.36 acre-
feet of water lost in 150,000 tons of mined aggregate, and 4.50 acre-feet lost in dust
suppression. Lagged stream depletions at the Colorado River resulting from these
uses shall not exceed 37.53 acre-feet. Total consumption at the pit must not exceed
these amounts unless an amendment is made to this plan.
5. Approval of this plan is for the purposes as stated herein. Any additional uses of this
water must first be approved by this office.
6. Replacement water to be supplied from Ruedi Reservoir and will be released/delivered
according to the schedules included in this plan (see table 5) subject to modification by the
Division Engineer or Water Commissioner. All releases of replacement water must be
sufficient to cover all out of priority depletions and be made under the direction and/or
approval of fhe Water Commissioner. The replacement may be aggregated to maximize
beneficial use. The Water Commissioner and/or Division Engineer shall determine the rate
and timing of an aggregated release.
7. Prior to issuance of a well permit and commencement of operations under this plan,
the Applicant must submit a copy of an approved water allotment contract from the