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Richard T Raines <br />October 7, 2004 <br />Page 2 <br />modeling shows that 18.72 acre-feet of depletions will accrue to the river after the expiration <br />date of this plan. <br />The source of the replacement water has been obtained by MAGUA from the Cherokee <br />Metropolitan District wastewater treatment plant. Transit losses are estimated to be 10 percent <br />from the Cherokee Metropolitan District wastewater treatment plant on Sand Creek to Fountain <br />Creek and an additional 7 percent to the point of depletion on the Arkansas River. Table 5 <br />shows monthly depletions and transit losses attributable the Rich Pit and the required <br />replacements. The lease agreement with MAGUA has been submitted to this office to show <br />that 33.57 acre-feet of replacement water is available to Lafarge West, Inc., which will cover <br />both depletions and the transit loss. <br />The source of renewable long-term replacement water sufficient to cover evaporative <br />depletions has not been secured for this plan. Lafarge West, Inc maintains a bond with the <br />Division of Minerals and Geology for reclamation of the site, but the bond is not of sufficient <br />amount to backfill the excavations to a level above the ground water table. Your letter of August <br />16, 2004 discusses your plan to resolve this issue. You state that Lafarge West, Inc. is <br />negotiating with the City of Aurora and that Aurora has filed amendments to Case Nos. <br />99CW169 and 99CW 170 to include the Rich Pit for water storage. You state that if Aurora <br />purchases this site, then Aurora will provide the long-term commitment of water supply from its <br />Arkansas Basin water rights and would ultimately construct a slurry wall liner. You have further <br />stated that the decision with Aurora should occur before the end of the diligence period for this <br />option, which is July 31, 2005. If Aurora does not purchase the site, Lafarge West, Inc. will <br />include the Rich Pit in MAGUA's long-term augmentation plan, as stated in the previous <br />approvals of this plan. <br />I hereby approve the proposed substitute water supply plan in accordance with §37-90- <br />137(11), C.R.S., subject to the following conditions: <br />Operation of this plan through March 31, 2004 is hereby approved as part of this <br />renewal. <br />2. This plan shall be valid through March 31, 2005 unless otherwise revoked or modified. If <br />this plan will not be made absolute by a water court action by the plan's expiration date, <br />a rehewal request must be submitted to this office with the statutory fee (currently $217) <br />by February 15, 2005. <br />3. The exposed ground water surface areas, consumption of water, and river depletions <br />due to operation of this plan may not exceed those listed in Tables 1, 2, 3, and 5 unless <br />an amendment is approved in advance by this office. <br />4. No more than 5 acres of new excavations below the ground water table may occur <br />unless an amendment to this plan is approved in advance. <br />5. All releases of replacement water must be sufficient to cover depletions as given on the <br />attached tables and made under the direction and/or approval of the Division Engineer. <br />Reporting from the Cherokee Metropolitan District must specifically identify releases for <br />this plan. <br />