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r mt,~l Gb/1-~ <br />DS ~~ ~ STATE OF COLORADO <br />OFFICE OF THE STATE ENGINEER of cO~o <br />Division of Water Resources ~O~ <br />Department of Natural Resources „~ i <br />1313 Sherman Street, Room 818 June 19, 2006 ' + <br />Denver, Colorado 80203 ~ ~ <br />~ r876 r <br />Phone (303) 866-3587 <br />FAX (303) 866-3589 RECEIVED eiGovemo~s <br />wwwwatecstate.w.us <br />' Russell George <br />Mr. Peter Wayland UN 2 3 2006 Executive Director <br />Weiland, Inc. Hal o. Simpson, P.E. <br />525 3rd Avenue, Suite 211 state E"®neer <br />Longmont, Co 80501 Division ~t Minerals and Geology <br />Re: 'Substitute Water Supply Plan Challenger Pit <br />DMG File No. M-1985-026 <br />Section 29, T5N, R67W, 6th P.M. <br />Water Division 1, Water District 4, Weld County <br />°Approval Period: January 1, 2006 through December 31, 2006 or (December 31, 2007) <br />Contact Phone Number for Mr. Peter Wayland: 303-532-0951 <br />Dear Mr. Wayland: <br />The State Engineers Office has completed a review of your April 6, 2006 request for renewal and <br />amendment of the substitute water supply plan for the Challenger Pit. The original plan was approved <br />on June 30, 2005. The purpose for the amendment is to account for changes in depletions at the site. <br />The required fee of $217 for the renewal of this substitute water supply plan has been submitted. <br />It should be noted that the mining at the Challenger Pit site has been completed and the <br />reclamation will create three unlined ponds with an exposed surface area of approximately 20 acres. <br />Pond 1 measures 14 acres of water surface area and Ponds 2 and 3 each measure 3 acres in water <br />surface area. The only loss now associated with the gravel pits is evaporative loss. The previous <br />substitute water supply plan required the applicant to file for a permanent plan for augmentation with <br />the Water Court by December 31, 2005 to include, but not limited to, the long-term evaporation losses. <br />You have stated that approval of this plan will assist in proceeding to water court to obtain an <br />augmentation plan as well as provide a working plan until such time as the augmentation plan is <br />approved by the Water Court. To allow additional time to prepare the augmentation plan for the water <br />court, the deadline for submitting an application for along-term augmentation plan is hereby extended <br />to December 31, 2006 by way of this letter. Approval of this plan does not imply approval by this office <br />of any related litigation. <br />The anticipated net depletion for this plan is 47.34 acre-feet per year for up to 20 acres of <br />water exposed after December 31, 1980. According to the information provided, no water surface was <br />exposed within the reclamation permit boundary prior to January 1, 1981. <br />The proposed source of replacement for this pit is the historical consumptive use credit from <br />five (5) shares of Hill & Brush Ditch water rights from the dry-up of 25 acres of land. The previous plan <br />assumed that 20 shares of Hill & Brush were used to irrigated approximately 61.5 acres and that <br />approximately half of the historic acreage would be dried up due to the mining project. A more detailed <br />review of the irrigation practices at Challenger Farm indicates that the historical acreage was closer to <br />100 acres, of which 25 acres have been dried up due to the mining project. The dry up of 25 acres is <br />associated with 5 shares of the water right. The return flow obligation associated with the dry up of the <br />25 acres totals 13.42 acre-feet with anon-irrigation season return flow obligation of 1.25 acre-feet. For <br />