2006-06-05_REVISION - M1982015 (4)

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Mr. Donald E. Frick May 31, 2006 Page 2 Replacements The proposed source of replacement for this pit is 0.75 shares of Rural Ditch, a 3/5°15 interest in the Hayseed Ditch and 290 units of C-BT water leased from the Little Thompson Water District ("LTWD"). The 0.75 shares of Rural Ditch is a portion of 5 shares that were historically used to irrigate 168 acres. Historically the 168 acres supported pasture grass. Assuming a 10% ditch loss and a 55% irrigation efficiency, the dry-year consumptive use of the 5 shares of Rural Ditch was determined to be 208.09 acre-feet. Therefore, the prorata consumptiye use of the 0.75 shares of Rural Ditch claimed under this plan is 31.2 acre-feet. The Applicant has leased 290 units of Colorado Big Thompson Project ("CBT units") from the LTWD. Use of CBT units for replacement purposes must be in accordance with the May 2005 Interim Rule of the Northern Colorado Water Conservancy District ("Northern"). In accordance with Northem's Interim Ruie, the net yield of CBT units (after conveyance shrink has been deducted) that may be used to offset depletions is defined as fifty percent (50%) of the net CBT units delivered from a domestic account, such as LTWD. Therefore, after accounting for an 80% quota and 50% consumptive use, the amount of water available for replacement under this plan is 116 acre-feet. The point of diversion for the applicant's 3/5"15 interest in the Hayseed Ditch was changed in case no. 86CW292. As part of that case, the historical diversions and historical consumptive use of the 3/5'"5 interest was determined to be 300 acre-feet and 150 acre-feet, respectively. The decree entered in the case also limits the use of the water right to a period from May through September. The decreed alternate points of diversion for water right are adjacent to the site in section 35. The applicant's 3/5°is interest in the Hayseed Ditch will be left in the river at the decreed altemate points of diversion. A monthly breakdown of depletions and replacements is shown in the attached Table No. 4 that was submitted with your report. Conditions of Approval I approve the proposed substitute water supply plan in accordance with Section 37-90- 137(11), C.R.S., subject to the following conditions: 1. This SWSP shall be valid for the period of January 1, 2006 through October 31, 2006, unless otherwise revoked, modified, or superceded by decree. This plan will be extended until December 31, 2006 if the applicant submits a letter from Northern approving use of the CBT units for water year 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 by September 1, -2006 (November 1, 2006 if extended). 2. Anew well permit must be obtained for the gravel pit in accordance with §37-90-137(2) and (11), C.R.S. Any application will be evaluated subsequent to approval of this plan. The provisions of §37-90-137(2) prohibit the issuance of a permit for a well to be located within 600 feet of any existing well, unless the State Engineer finds that circumstances