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3 <br />STATE OF COLORADO <br />OFFICE OF THE STATE ENGINEER <br />Division of Water Resources <br />Department of Natural Resources <br />1313 Sherman Street, Room 818 <br />Denver, Colorado 80203 <br />Phone (303) 866-3581 <br />FAX (303) 866-3569 <br />www.watecstate.co.us <br />Frank C. Healy <br />Helton & Williamsen, P.C. <br />384 Inverness Drive South, Suite 144 <br />Englewood CO 80112-5822 <br />July 1, 2003 ~ <br />RE: Lamar Pit Substitute Water Supply IaP n, M-87-79 ~ <br />NW1/4 Sec. 30, T22S, R46W, 6°' P.M. <br />Water Division 2, Water District 67 <br />Dear Mr. Healy: <br />~~, of ~ cO~o <br />Ne <br />~ O <br />+~ r <br />~ 1896 ~` <br />Bill Owens <br />Governor <br />Greg E. Walther <br />Executive DirecYOr <br />Hal D. Simpson, P.E. <br />State Engineer <br />t~: l7!?G <br />We have received your March 11, 2002 submittal requesting renewal of the Lamar Pit <br />substitute water supply plan for All Rite Paving & Redi-Mix, Inc. (All Rite). This plan covers the <br />use of both the gravel pit (well permit no. 47193-F, Identification No. 6705999) and the adjacent <br />supply well (permit no. 47192-F, Identification No. 6705953). A $217 renewal fee has been <br />paid. <br />The estimated maximum net depletion from the pit is 18.8 acre-feet per year due to <br />evaporative loss from a total of 4.6 acres of ground water exposure. No portion of the water <br />surface was exposed prior to January 1, 1981. Water requirements associated with commercial <br />activities, such as concrete botching and dust suppression, if needed as mining occurs, can be <br />provided by well permit no. 47192-F in the amount of up to 1.5 acre-feet per year. According to <br />the renewal request there is currently no mining activity at the pit and there are no water uses or <br />depletions other than evaporation. The renewal request does imply mining and concrete <br />production could resume. If any such activity does resume depletions will be based on a <br />product retention equal to 4% of mined product by weight. See attached Table 1 for monthly <br />depletions. <br />The source of replacement water is 50 shares of Fort Bent Ditch that you estimate yield <br />48.6 acre-feet annually on average, and 34.4 acre-feet annually in a dry year. <br />Use of the Fort Bent shares generate credits during the irrigation season, and produce return <br />flow replacement obligations during the non-irrigation season. During periods when there are <br />insufficient Fort Bent Ditch credits available to replace the stream depletions, LAW MA will <br />provide replacement water from sources available to it, such as its Article II Storage Accounts in <br />John Martin Reservoir. In return, during periods when the 50 shares of Fort Bent Ditch are <br />generatirig more credits than needed for the Lamar Pit, All Rite will make those credits available <br />to LAW MA. <br />The state and division engineers have reviewed the plan and the adequacy of each <br />source of water provided for use as augmentation water, including, where necessary, the <br />historical consumptive use of each water right, and return flows from diversion of waters <br />