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Ms. Michelle Johnson <br />December 3, 2004 <br />Page 2 <br />The proposed source of replacement for this pit is from a 5-year lease with the Pueblo <br />Board of Water Works on an annually increasing delivery scale. The lease agreement specifies <br />2 acre-feet from April 1, 2004 to March 31, 2005, 23 acre-feet from April 1, 2005 to March 31, <br />2006 and 42 acre-feet from April 1, 2006 to March 31, 2007 of reusable return flows from <br />transmountain water rights or other fully consumable water. This amount is more than <br />adequate to offset the 44.67 acre-feet of lagged depletions to the Arkansas River during the <br />October 1, 2004 to September 1, 2006 period. The monthly depletions and replacement <br />requirements for this operation for the October 2004 through September 2006 calendar year <br />can be found on the attached table. <br />As required by Section 8 of Senate Bill 89-120, this substitute water supply plan has been <br />provided to an outside consultant for review. The consultant has recommended approval of the <br />plan by way of a draft of this letter. Based upon statutory requirements and the recommendations <br />of the consultant, I hereby approve the proposed substitute water supply plan in accordance with <br />Section §37-90-137(11), C.R.S., subject to the following conditions: <br />1. Unless otherwise revoked or modified, this plan shall be valid through December 31, <br />2006. <br />2. If this plan will not be made absolute by a water court action by the plan's expiration <br />date, a renewal request must be submitted to this office with the statutory fee (currently <br />$217) no later than November 15, 2006. <br />3. A well permit must be issued for the gravel pit in accordance with Section §37-90-137(2) <br />and (11), C.R.S prior to the exposure or use of groundwater. A well permit application <br />was submitted to this office under receipt no. 523455 and this application is pending <br />evaluation. Until a gravel pit well permit is approved, consumptive use and exposure of <br />groundwater on this site is prohibited. The provisions of §37-90-137(2) C.R.S. prohibits <br />the issuance of a permit for a well to be located within 600 feet of any existing well, <br />unless the State Engineer finds that circumstances so warrant after a hearing held in <br />accordance with the procedural rules in 2CCR402-5. This hearing may be waived if you <br />are able to obtain statements from the owners of all wells within 600 feet, verifying that <br />they have no objection to your use of the proposed well. Should a new well permit be <br />denied for reasons of 600 foot spacing, or any other legitimate reason, approval of this <br />substitute supply plan will be cancelled. <br />According to information provided by the applicant, there are 3 wells permitted within 600 <br />feet of the proposed gravel operation. These include'Permit Nos. 12918, 12919 and <br />256194. A waiver has been obtained from the owner of Permit No. 256194. The <br />applicant proposes to obtain the other two wells as part of a property transaction. <br />Documentation of this purchase will be provided to this office when the sale is finalized. <br />4. The total surface area of the groundwater exposed at the St. Barbara Sand and Gravel <br />Pit must not exceed 4.97 acres during the period October 1, 2004 through December <br />31, 2005 and 9.67 acres during the period January 1, 2004 through September 30, <br />2006. The maximum annual evaporative loss shall not exceed 31.86 acre-feet. <br />