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~~ <br />OFFICE OF THE STATE ENGINEER <br />Division of Water Resources <br />Department of Natural Resources <br />7373 Sherman Street, Room 878 <br />Denver, Colorado 80203 <br />Phone (303) 866-3581 <br />FAX (303) 866-3589 <br />vnvw.watecstate.co. us <br />~~ <br />Frank C Healy " <br />Helton & Williamsen, P.C. <br />384 Inverness Drive South, # 144 <br />Englewood, CO 80112 <br /> <br />STATE OF COLORADO <br />July 1, 2003 / <br />RE: Bent County Ready-Mix, Thomeczek Pit, M-95-007 <br />NE1/4 Section 8, T23S, R52W, 6~' P.M. <br />Water Division 2, Water District 17 <br />Dear Mr. Healy: / <br />OF'~~/fl <br />rw Ry <br />ryT O <br />0 <br />• + <br />• y <br />• r896 ~ <br />Bill Owens <br />Governor <br />Greg E. Walther <br />Executive Director <br />Hal D. Simpson, P.E. <br />Sete Engineer <br />We have reviewed your submittals requesting renewal of the substit r suppl <br />plan for the above referenced gravel pit (well permit no. 48758-F). The required $21s <br />been paid, This approval will cover the period April 1, 2002 through July 31, 2004. <br />Out of the 4.3 acres of maximum groundwater exposure that will occur during this plan, 2 <br />acres were exposed prior to January 1, 1981. The maximum estimated depletions to be <br />covered total 9.285 acre-feet annually, consisting of 9.225 acre-feet of net evaporation off of 2.3 <br />acres of post-1980 ground water exposure, and 0.06 acre-feet of water lost with 2,000 tons of <br />mined product (4% loss by product weight). A monthly breakdown of these amounts and their <br />lagged affects on the Arkansas River is given on the attached table. No pumping occurs for <br />gravel washing, dust suppression, or concrete hatching purposes. <br />The source of replacement water to cover the plan's depletions is again from Lower <br />Arkansas Water Management Association (LAWMA). Pursuant to a February 27, 2002 <br />agreement, LAW MA will provide up to 11 acre-feet of replacement water from its accounts in <br />John Martin Reservoir, and in return Bent County Ready Mix will assign to LAW MA the use of <br />12 shares of Fort Bent Ditch Company stock. <br />Bent County Ready Mix is willing to commit its 12 shares of Fort Bent Ditch stock to the <br />pit as a source of long-term renewable supply of replacement water. These shares are <br />estimated to yield 6.0 acre-feet per year (0.50 of/share delivered) in a dry year. IAWMA has <br />approved the use of the 5 LAWMA shares owned by Bent County Ready-Mix, which will be <br />used along with the 12 shares of Fort Bent Ditch Company to provide replacements. LAWMA <br />agrees to provide replacement water in an amount up to 11 acre-feet per year for replacement <br />of stream depletions caused by operation of the gravel pit. <br />The state and division engineers have reviewed the plan and the adequacy of each <br />source of water provided for use as augmentation water, including, where necessary, the <br />historical consumptive use of each water right, and return flows from diversion of waters <br />