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_, OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources t3t3 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 httpl/•,wvw.water. state.co. us Cheryl Signs, P.E. !/ Cheryl Signs Engineering 109 East Fourth Avenue Denver, CO 80203 ~~ / STATE OF COLORADO March 6, 2007 RECEIVED 0 7 2007 Division of Reclamation, Mining and Safety Re: Durham Pit, Substitute Water Supp yl Plan DRMS File No. M-78-056 !/- Sections 3, 9, and 10, TSN, R65W, 6N P.M. Water Division 1, Water District 3, Weld County, Colorado Approval Period: January 1, 2007 through December 31, 2007 Contact Phone Number for Ms. Cheryl Signs: 303-778-7653 Dear Ms. Signs: ~; pF ~O ~~ ~ f~c 4` •; w~~.r w ~r6]6,e' Bill Ritter. Jr. Gavemor Hams n. Sherman Executive Director Pal D. Simpson, P E. State Engineer We have reviewed your letter dated November 13, 2006, requesting renewal of the above referenced substitute water supply plan to cover depletions caused by an existing gravel mining operation. The required fee of $257 for the renewal of this substitute water supply plan has been submitted. The original plan was approved on May 24, 2004 and it was most recently renewed on March 2, 2006. The anticipated net depletion for this plan is 45.01 acre-feet per year. The currently exposed groundwater at the site totals 41 acres. According to the information submitted, 44.6 acres of water surface was exposed within the reclamation permit boundary prior to January 1, 1981. The plan anticipates that a total of 53 acres (41 currently exposed plus an addition 12 acres to be exposed) of water surface will be exposed at the site in the next two years. This results in 8.4 acres of exposed surface area requiring replacement of depletions from evaporation. You have provided a monthly breakdown of the annual depletions made up of 18.73 acre-feet of net evaporative loss, 20.00 acre-feet of water lost with the mined product (which represents 679,536 tons of mined product), 2.76 acre-feet of water used for dust control, and 3.50 acre-feet used for concrete hatching. Annual evaporation on 8.4 acres was estimated to be 22.49 acre-feet; however, phreatophyte credits of 3.77 acre-feet per year have been applied to this plan, which reduced the net evaporation depletions to 18.73 acre-feet per year. The evaporation calculations were based on the entire exposed surface area in the event that the dewatering ceased. The proposed source of replacement for this pit is 48.7 acre-feet (93.18 acre-feet of headgate deliveries and 44.5 acre-feet of return flow obligations) of historic stream depletions from the dry-up of 33.7 acres of land historically irrigated with five shares of Greeley Irrigation Company's interests in Greeley Canal No. 3 and 2.9 acre-feet (4.9 acre-feet of deliveries and 2 acre-feet of return flow obligations) of historic stream depletions in the applicant's interest in the Fossil Creek Reservoir diverted from the Cache la Poudre River and previously used for irrigation of the mined property. The values for the historical use credits of the five shares of Greeley Canal No. 3 were prorated from the historical use analysis values decreed for the Greeley Irrigation Company in Case No. 96CW658. After applying the five shares of Greeley Canal No. 3 and the Fossil Creek Reservoir water, there will be 27.79 acre-feet of uncompensated depletions,