HYDRO30914

• Permit No: M1987079
• IBM Index Class Name: Hydrology
• Doc Date: 8/23/2006
• Doc Name: Substitute Water Supply Plan
• From: OSE
• To: Helton & Williamsen P.C.
• Permit Index Doc Type: Correspondence
• Media Type: D
• Archive: No

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Frank C. Healy
8/15/2006
REPLACEMENT
Page 2
The source of replacement water is 50 shares of Fort Bent Ditch that is estimated to
yield 37 acre-feet annually in a dry year. Use of the Fort Bent shares generate credits during
the irrigation seasori, and produce return flow replacement obligations during the non-irrigation
season. During periods when there are insufficient Fort Bent Ditch credits available to replace
the stream depletions, LAW MA will provide replacement water from sources available to it. In
return, during periods when the 50 shares are generating more credits than needed for the
Lamar Pit, All Rite will make those credits available to LAW MA.
The State and Division Engineers have reviewed the plan and the adequacy of each
source of water provided for use as augmentation water, including, where necessary, the
historical consumptive use of each water right, and return flows from diversion of waters
imported into the Arkansas River Basin or other fully consumable waters proposed for use as
augmentation water. In accordance with Section 25-8-202(7), C.R.S. and Senate Bill 89-181
Rules and Regulations adopted on February 4, 1992, the State Engineer has determined that
subject to the terms and conditions below, the replacement supply is of a quality to meet the
requirements of use to senior appropriators.
CONDITIONS OF APPROVAL
This substitute water supply plan is hereby approved pursuant to Section 37-90-137(11),
C.R.S., subject to the following conditions:
1. This plari shall be valid through August 31, 2007, unless otherwise revoked or modified.
2. Total surface area of exposed ground water in the pit may not exceed 4.6 acres with
evaporative loss not to exceed 18.73 acre-feet and evaporative loss from 2 small concrete
lined ponds not to exceed 0.08 acre-foot. Documentation of pond size maybe required by
the Division Engineer in the form of an aerial photo evaluation or survey by a Professional Land
Surveyor during the plan year or in years covered by subsequent renewals of this plan. Before
initiating any mining or ground water pumping an amendment to the plan must be approved
and any water pumped from Well Id 6705953 must be metered in compliance with the
"Amendments to Rules Governing the Measurement of Tributary Ground Water Diversions
Located in the Arkansas River Basin".
3. Total water consumption at the pit may not exceed 18.81 acre-feet annually without an
amendment to the plan.
4. Fort Bent Ditch water attributable to the 50 shares associated with this plan must be
released to the Arkansas River through an augmentation station approved by the Division
Engineer.
5. Accounting of water in this plan, including acres of ground water exposure, amount of mined
product, total consumption, stream depletions, and replacement water deliveries must be
provided to the Water Commissioner and Division Engineer on forms and at times
acceptable to them.
6. LAWMA is a reliable source of replacement water and has agreed to provide the Division 2
office with reports of replacement water released on behalf of All Rite. LAW MA must
provide a letter to this office and the Division 2 office within 2 weeks of receipt of this letter
stating that LAWMA will provide replacement water to cover depletions under this plan until