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STATE OF COLORADO <br />OFFICE OF THE STATE ENGINEER <br />Division of Wa[er Resources <br />Department of Natural Resources <br />1313 Sherman Street, Room 818 <br />Denver, Colorado 80203 <br />Phone (303) 866-3581 <br />FAX (303) 866-3589 <br />www.watecstate.co.us <br />Mr. Peter Wayland, President <br />Weiland, Inc. <br />525 3rd Ave., Suite 211 <br />Long~~~o~t., ~~ uv.~.,1 <br />June 30, 2005 <br />Re: Substitute Water Supply Plan, Challenger Pit (DMG M-85-026) <br />Section 29, T5N, R67W, 6th P.M. <br />Water Division 1, Water District 4, Weld County <br />Dear Mr. Wayland: <br />%F ~o~ <br />~~" ~, <br />y= ~ ~ <br />t;.n .. Mt <br />u <br />YSV 9I~ t 67676 ~ <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Hal D. Simpson, P.E. <br />State Engineer <br />This letter is in response to your application for a substitute water supply plan ("SWSP") <br />and the additional information provided on June 22, 2005, for the Challenger Pit in accordance <br />with Section §37-90-137(11), C.R.S. The required fee of $1,343 for the substitute water supply <br />plan has been submitted. <br />The anticipated net depletion for this plan is 45.65 acre-feet per year for up to 17 acres of <br />water surface exposed in ponds after December 31, 1980. According to the information <br />submitted, no water surface was exposed within the reclamation permit boundary prior to <br />January 1, 1981. In addition, as mining operations have been completed, the only loss now <br />associated with this gravel pit is the evaporative loss, the monthly breakdown of which is shown <br />on the attached table. <br />The primary proposed source of replacement for this pit is 28.25 acre-feet of historic dry <br />year net stream depletions from the dry-up of 34 acres of land historically irrigated with 11 <br />shares of Hill R. Brush Ditch stack. Bec...:se the Hi!I & Brush water rights yield sign `cant!y less <br />water in dry years, the replacement credits are based on dry year yields computed as the <br />average of historic conditions in the recent dry years of 1977 and 1981. The return flow <br />obligation associated with the dry up of the 34 acres total 9.18 acre-feet. For those depletions <br />and return flow obligations not replaced by fhe credit from the Hill and Brush water rights, up to <br />39.88 acre-feet of water leased from the City of Loveland ("Loveland") will be used for <br />replacement purposes. Coulson Excavating Company entered into atwenty-five year lease with <br />Loveland on January 13, 1998 for 100 acre-feet of fully consumable water, which is currently <br />used for replacement purposes for four gravel pits, including the Challenger Pit. The monthly <br />depletions and replacement requirements are found on the attached table. <br />As required by Senate Bill 89-120 in Section 8, this substitute water supply plan has <br />been provided to an outside consultant for review. The consultant has recommended approval <br />of the plan by way of this letter. Based upon statutory requirements and the recommendations <br />