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Mr. Richard T. Raines <br />July 30, 2002 <br />Page 3 <br />14. Pursuant to Policy 2000-4 of the Board of Examiners of Water Well Construction and Pump <br />Installation Contractors (Board), no pumping equipment shall be installed in the gravel pit well to <br />withdraw water for any beneficial use unless a separate written request for a variance has been <br />approved by the Board. <br />15. In accordance with amendments to §25-8-202(7), C.R.S., and Senate Bill 89-181 Rules and <br />Regulations adopted on February 4, 1992, the State Engineer shall determine if the substitute supply <br />is of a quality to meet requirements of use to which the senior appropriation receiving the substituted <br />supply has normally been put. As such, waterqualitydata oranalyses may be requested at any time <br />to determine if the requirements of use of the senior appropriator are met. <br />16. Diversions attributable to 6.25 percent of the Smead Ditch used for replacement during the irrigation <br />season must continue to be diverted in-priority at the ditch then measured back to St. Vrain Creek in <br />the vicinity of the Lyons Pit, up-stream of the South Branch diversion point. The Applicant has <br />proposed to install a turnout structure to allow water in the Smead Ditch to be rediverted back to the <br />St. Vrain Creek above the South Branch diversion point. Excess irrigation season consumptive use <br />credits from Applicant's ownership of Smead Ditch water may be stored in Rockin W P Lake No. 4 for <br />later release to replace non-irrigation season obligations. Lake No. 4 releases shall be made to St. <br />Vrain Creek upstream of the Oligarchy Ditch headgate. Applicant has proposed to install a pump to <br />divert water from the Rockin WP Lake No. 4 to a location above the Oligarchy Ditch headgate. <br />Applicantshall notifythe Water Commissioneronce the above referenced turnoutstructure and pump <br />have been installed for use in this plan. <br />17. Applicant has committed to use up to a total of Applicant's 12.5 percent share of the Smead Ditch to <br />cover groundwater evaporation in the unforeseen event, or events, that would lead to the <br />abandonment of the pit. This 12.5 percent of the Smead Ditch represents an estimated historic <br />consumptive use credit of 91.5 acre-feet. The maximum exposed water surface during the approval <br />period of this plan is 0.8 acres; thus the 12.5 percent of the Smead Ditch can cover the annual <br />evaporation from the pit in the case of abandonment (based on a net evaporation rate of 2.3 acre-feet <br />per acre). <br />18. Pursuant to a letter dated July 2, 2002 from Mr. David A. Bailey, Lafarge West, Inc. has assumed the <br />long-term augmentation responsibility for this site in accordance with a sand and gravel mining lease <br />between the landowner, Southdown, Inc. (n/k/a Cemex, Inc.) and Mineral Reserves, Inc. (a subsidiary <br />of Lafarge West, tnc.). A copy of the subject sand and gravel mining lease (dated effective November <br />15, 2000) shall be recorded with the county clerk and recorder and be a binding documentwith the title <br />to the property. <br />Please contact Jeff Deatherage in Denver at (303) 866-3581, or Dave Nettles in Greeley at (970) 352-8712, if <br />you have any questions concerning this approval. <br />Sincerely, <br />~~~~~~ <br />Kenneth W. Knox <br />Assistant State Engineer <br />cc: Dave Nettles, Assistant Division Engineer <br />Scott Edgar, Water Commissioner <br />John Hickman, Lafarge Corporation <br />Mark McLean, Rocky Mountain Consultants, Inc. <br />Carl Mount, Division of Minerals and Geology <br />