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MAY-03.05 11:05AM FROM-Colo DIv of Water Resources +3038663599 T-670 P.003/012 F-251 • Ms. Brent Kerr May 3, 2005 Sett F~cpansion of the Chambers Pit, Substitute Water Supply Plan Page 2 The proposed source of replacement for this pit is the dry-up of 21.0 acres of historically irrigated land under the Last Chance Ditch, which was decreed for 50 cis on May 5, 1888 with an appropriation date of March 23, 1887, A total of 21.0 acres historically irrigated by 42 shares in the Loesch and Crann Ditch Company will be dried up and made available to offset depletions created by this operation. The 42 shares equate to 0.745 cis. This amount is more than adequate to offset the out-of-priority depletions to the Colorado River created by this operation during the iwo years of this mining operation. The monthly depletions and replacement requirements for a phased operation, beginning with Area 1, proceeding to Area 2, then finishing in Area 3, can be found on the attached table. As required by Section 8 of Senate Bill 89-120, this substitute water supply plan has been provided iti an outside consultant for review. The eonsultaM has recommended approval of the plan bll way of a draft of this letter. Based upon statutory requirements and the recommendations of the consultant, I hereby approve the proposed substitute water supply plan in accordance with Section §37-90.137(11), C.R.S., subjecttothefollowing cendlUons: 1. Unless otherwise revoked or modified, this plan shall be valid through May 3, 2007. If this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee (currently $217)110 later than February 3, 2007. 2. A well permit must be issued for the gravel pit in accordance wrlh Section §37-90. 137(2) and (11), C.R.S prior to the exposure or use of groundwater. A well permit application was submitted ~ this office under receipt no. 526122 and this application is pending evaluation. UnUI a gravel pit well permit is approved, consumptive use and exposure of groundwater on this site is prohibited. The provisions of §37-90-137(2) C.R.S. prohibits the issuance of a permit for a well to be located whin 600 feet aF any existing well, unless the State Engineer finds that dreumstances so warrant after a hearing held in accordance with the procedural rules In 2CCR4O2-5. This hearing may be waived "rf you are able to obtain statements from the owners of all wells within 600 feet, verifying that they have no objection to your use of the proposed well. Should a new well permit be denied for reasons of 600 foot spacing, or any other legitimate reason, approval of this substitute supply plan will be cancelled. 3. The total surface area of the groundwater exposed at the Scott F_xpansian of the Chambers Pit must not exceed 55.52 acres during the approval period of this SWSP and the maximum annual evaporative loss sha-I not exceed 208.29 acre-feet. 4. The annual total product mined at the Scott Expansion of the Chambers Pit shall not exceed 240.000 fora per year resulting in 7,11 acxe-feet of water Lost with the mined aggregate and an additional 1.86 acre-feet of water lost due to dust suppression. 5. Total consumption at the Scott Expansion of the Chambers Pit must not exceed these aforementioned amounts unless an amendment Is made to this plan. 6. Approval of this plan is for the purposes as stated herein. Any additional uses of this water must first be approved by this office. Any future historic consumptive use credits sought for this site (e.g., agricultural water transfer) must wnsider all previous credits applied.