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'FEB-11-08 10:28 FROtuI-I)IUISION OF WATER RESOURCES 3us~ebzzzn ~-ono r.uciua r-~~~ <br />Or. John F. Scott Page 2 <br />Timnath Pit-M89-056~AM-Substitute Water Supply Plan <br />water requirement far the pasture. Therefore the current actual consumptive use for the carp and alfalfa <br />(117.2 acre-feet) was assumed to be higher than the historical consumptive us6 for the same crops (72.7 <br />acre-feet), thus the Wert consumptive use credit associated with the 151.7 acre of irrigated pasture dry-up <br />applied to this plan is '17 acre-feet. The 77 acre-fast consumptive use credit wilt bs diverted into an unlined <br />pond created by the mining operation of the Timanth Pit and allowed via infiltration to provide accretions to <br />the river. The historic retum flow obligation from the net dry-up of the 151.7 acres of irrigated pasture will <br />continue to be diverted onto the farm and returned to the stream. Surtace return flows will be routed to the <br />Cache La Poudre River via Mallard Creek. Subsurface return flows will be diverted into the unlined pond <br />along with the consumptive use credits resulting from dry-up of 151.7 acres identifed above. Since the <br />replacement water is delivered to the same pond where the depletions occur, it was assumed that the <br />amount and timing of the depletions and subsurtaco return flow are met automatically #or each month after <br />the first month in whi~~h replacements exceed depletions. Therefore, far the period of May 2007 through <br />April 2Q08, depletion: will be met by delivery of replacement water from May 2007 through October 2007. <br />i=or thB period of Maly 2008 through April 2009, depletions will be met by delivery of replacement water <br />from May 2008 throul~h Clctober 2008. In order to replace the lagged depletions to the river forthe period <br />of MaY 2007 through April 2008 a minimum of 65.2 acre-feet of the 77 acre-feet will be required to be <br />diverted into the unlined pond. <br />An appiicatio~n for a change of water right (to allow the applicant's Box Elder Ditch shares to be <br />used in addition to irrigation for augmentation, replacement, exchange, irrigation, domestic, municipal, <br />commercial, industrial, fire protection, livestock watering, recreational, piscatorial and wildlife propagation), <br />approval of a plan for' augmentation, and storage water right was filed with the Water Court and is pending <br />in Case No. 2004CV+J008. <br />The monthly depletions, replacement requirements and the amount of timing of diversions era <br />found on the attached Table !. <br />thereby approve the proposed substitute water supply plan in accordance with §37-80-737(11), <br />C.R.S. subject to they following t~nditions: <br />1. This plan is approved with the effective da#e of May 1, 2007 and shall be valid through April 30, <br />2009. If this :SWSP will not be made absolute by a water court action by the SWSP's expiration <br />date, a renewal request must be submitted to this office with the statutory fee (currently $2a7) na <br />later than Mauch i a, 2008. <br />2. Welt Permit INa. 4871g-F was issued for 2.7 acres of exposed ground water in accordance with <br />C.R.S, § 57-~~0-157(2) and (11), thus the Applicant is required to obtain a new well permit for the <br />expansion o1'the exposed surface area of the gravel pit in accordance with C-R.S. § 37-90-137(2) <br />and (11) and this plan. The provisions of Colorado Revised Statute 37-9p-137(2) prohibits the <br />issuance of r3 permit for a weU to pa located within 600 feet of any existing well, unless the State <br />Engineer fincis that circumstances so warrsnt after a hearing held in accordance with the procedural <br />rules in 2CCR402-5. This hearing may be waived if you are able to obtain statements from that <br />owners of all walls within 600 feet, verifying that they have na objection to your use of the proposed <br />well. Should' a new well permit be denied for reasons of fi00 foot spacing, or any other legitimate <br />reason, approval of this substitute supply plan may be cancelled. <br />3. The total surface area of the groundwater exposed at the Timanth Pit site after December 31,19A0 <br />must not exceed 19.1 acres resulting in 47.3 acre-feet per year of evaporative loss. <br />4. The annual uvater used far dust control at the Timanth Pit site shall not exceed ~ acre-feet, the total <br />product mined at the Timath Pit site shall not axed 2pQ,000 tons per year resulting in 5.9 acre- <br />