HYDRO25225

• Permit No: M2006080
• IBM Index Class Name: Hydrology
• Doc Date: 9/13/2007
• Doc Name: Substitute Water Supply Plan
• From: OSE
• To: Bishop-Brogden Associates, Inc
• Media Type: D
• Archive: No

Mr. Jeffrey Clark
September 11, 2007
Page 4
The maximum exposed surface area in the event that dewatering is discontinued is 9.4 acres.
Based on this surface area, the maximum depletion due to evaporation that could occur is 21.84
acre-feet (Table 3). To assure that this depletion to the river does not occur, the leased water
from the City of Loveland will be sufficient to cover both the 6.37 acre-feet depletions from this
plan and the potential 21.84 acre-feet of depletions if dewatering is discontinued.
15. This substitute water supply plan may be revoked or modified at any time should it be
determined that injury to other vested water rights has or will occur as a result of this plan.
Should this substitute water supply plan expire without renewal or be revoked prior to
adjudication of a permanent plan for augmentation, all excavation of product from below the
water table and all other use of water at the pit must cease immediately.
16. In accordance with amendments to C.R.S. § 25-8-202(7), and Senate Bill 89-181 Rules and
Regulations adopted on February 4, 1992, the State Engineer shall determine if the substitute
supply is of a quality to meet requirements of use to which the senior appropriation receiving the
substituted supply has normally been put. As such, water quality data or analyses may be
requested at any time to determine if the requirements of use of the'senior appropriator are met.
17. The decision of the State Engineer shall have no precedential or evidentiary force, shall not
create any presumptions, shift the burden of proof, or serve as a defense in any water court
case or any other legal action that may be initiated concerning the SWSP. This decision shall
not bind the State Engineer to act in a similar manner in any other applications involving other
plans or in any proposed renewal of this plan, and shall not imply concurrence with any findings
of fact or conclusions of law contained herein, or with the engineering methodologies used by
the Applicant.
Please contact loans Comaniciu in Denver at [phone], or Dave Nettles in Greeley at
[phone], if you have any questions concerning this approval.
Sincerely,
Kevin G. Rein, P.E.
Chief of Water Supply
Attachments: Tables 2, 3, 4 and 5
City of Loveland Lease
cc: Dave Nettles, Assistant Division Engineer, 810 9"' Avenue, Suite 200, Greeley, Colorado 80631,
(970)-352-8712
Fred Renner, Water Commissioner District 4, 414 West 12t" Street, Loveland, Colorado 80537,
(970-622-0294)
Gary Witt, Wright Water Engineers, Inc. Wright Water Engineers, Inc., 2490 West 26`n Avenue,
Suite 100A, Denver, Colorado 80211
Division of Reclamation, Mining and Safety
Z:\Projed Files\O6\061-006\061-006.090\Engineeringl8okelman Walters Pit Approval Letter.doc