GENERAL46289

• Permit No: M1989056
• IBM Index Class Name: General Documents
• Doc Date: 4/21/1998
• Doc Name: TIMNATH PIT SUBSTITUTE WATER SUPPLE PLAN DMG M89056 SW 1/4 SEC 11 & N1/2 SEC 14 T6N R68W LTH PM WATE
• From: DWR
• To: DON KEHN CONSTRUCTION INC
• Media Type: D
• Archive: No

..~
STATE OF COLORADO` `r
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman St~ee[, Room 878
Denver, Colorado 80203
Phone [phone]
FAX [phone]
Mr. Dt3n Kehn
Don Kehn Construction, Inc.
6322 South College Ave.
Ft. Collins, CO 80525
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April 16, 1998
~tECEIVEp
Ray Ramer

APR 21 1998 Governor
lames S. Lachhead
Executive Director
Division of Minerals & Geology Hal D. Simpson
Sute Engineer
Re: Timnath Pit Substitute Water Supply Plan, DMG M89056
SW1/4 Sec. 11 & N1/2 N1/2 Sec. 14, T6N, R68W, 6" P.M.
Water Division 1, Water District 3, Lorimer County
Dear A1r. Kehn:
This letter is in response to your application for a substitute water supply plan for the
Timnalh Pit in accordance with Section 37-80-120, C.R.S. The required fees of $1,343 for the
substitute water supply plan and $60 for the well permit application have been submitted.
The anticipated net depletion for this plan is 14.61 acre-feet per year for up to 2.7 acres
of lake surface exposed after December 31, 1980. The 2.7 acres of exposed water surface is
the wa:er surface exposed during mining due to dewatering. You have provided a monthly
breakdown of this annual depletion totaling 6.72 acre-feet of evaporative loss, 5.89 acre-feet of
water It3st in the product, and 2.0 acre-feet of water used for dust control. No phreatophyte
credit Yeas been applied to this plan. Wetlands which were historically located in the mining area
are bei.~g replaced at a one for one rate. The acreage of wetlands in the final reclamation will
exceed the historic acreage of 48.6 acres and additional replacement water will be required to
offset tl3ose additional depletions.
The proposed source of replacement is 17 acre-feet of consumptive use water
(includi~ig 10.6 percent for transportation losses) leased from the City of Ft. Collins and to be
released from Joe Wright Reservoir during the months of May through September. Any future
renewal of the plan will require that Don Kehn Construction, Inc. modify their proposal so that
depletions may be replaced in time as they occur, i.e. winter depletions may require winter
replacements. The monthly depletions and replacement requirements are found on the
attached table.
13ased on the proposed replacement of winter depletions and releases in the spring, and
delivery of that water to reservoirs which were shorted during the winter months, we do not
believe injury will occur to vested water rights. However, approval under the same conditions
for subsequent years will be subject to further review.
ids required by Senate Bill 89-120 in Section 8, this substitute water supply plan has
been pr~3vided to an outside consultant for review. The consultant has recommended approval
of the plan by way of this letter. Based upon statutory requirements and the recommendations
of the consultant, I hereby approve the proposed substitute water supply plan in accordance
with 37-•90-120, C.R.S. subject to the following conditions: