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Ms. Jennifer Lind~ahl Page 3 <br />Latimer Pit, M-74-069 and Mariana Butte Pit M-88-033 <br />March 14, 2008 <br />acre-feet. Replacements during May through October will be made by diverting the Barnes Ditch <br />water, measuring it, rind then returning it to the Big Thompson River. Adequate flow measuring <br />devices, satisfactory 1:o the water commissioner, must be installed for the administration of this <br />replacement water from the Barnes Ditch. <br />Replacement for ~jepletions during the months of April and October will be met by releases of C- <br />BT water leased from Loveland. For the approval period of this plan, Loveland Ready Mix leased 8.57 <br />acre-feet of C-BT Project water. A copy of the approved lease from Loveland was provided to this <br />office on February 14, 2008 and is attached to this letter. The use of C-BT water as a replacement <br />source requires Lovelland Ready Mix to comply with the Interim Rule issued by the Northern Colorado <br />Water Conservancy District ("District") in May 2005 regarding the use of C-BT Project water in <br />substitute water supply plans. A copy of the District's approval letter for the use of the C-BT water in <br />this plan was provide~~ to this office on March 12, 2008 and is attached to this letter. Per the Interim <br />Rule, the net yield of the leased C-BT water is 50% of the net C-BT water delivered to the appropriate <br />river reach for depletion replacement. In accordance with the District's Interim Rule, the 9.00 acre- <br />feet of leased C-BT ~niater committed to this plan will be used to provide 4.29 acre-feet of replacement <br />credit. The C-BT watE~r is approved for use in this substitute water supply plan however; it cannot be <br />used as a replacement source in a permanent plan for augmentation for this site. <br />A monthly breakdown of the stream depletions and replacements are shown in the attached <br />Table 1. <br />hereby approve this substitute water supply plan, in accordance with Section 37-90-137(11), <br />C.R.S., subject to the following conditions: <br />This plan is :approved with an effective date of March 1, 2008 and shall be valid through <br />February 28, ~~009 unless otherwise revoked or modified. If this plan will not be made absolute <br />by a water court action by the plan's expiration date, a renewal request must be submitted to <br />this office with the statutory fee (currently $257 for each mining site) no later than January 15, <br />2009. <br />2. The total area of pond surface exposed after December 31, 1980 for each of the pits shall not <br />exceed those values listed in Table A of this approval. Should the total surface area exposed <br />exceed those amounts, an amendment to this plan will need to be filed with this office. <br />3. The total amount of ground water to be appropriated from each of the pits shall not exceed the <br />values listed ire Table B of this approval. <br />4. Approval of this plan is for the purposes as stated herein. Any additional uses of water must <br />first be approved by this office: Any future additional historical consumptive use credit given <br />(e.g., agricultural water transfer) for this site must consider all previous credits given. <br />5. All pumping for dust control purposes shall be measured in a manner acceptable to the <br />division enginE~er. <br />6. The replacement water that is the subject of this plan cannot be sold or leased to any other <br />entity during the term of this approval. As a condition of the subsequent renewals of this <br />substitute water supply plan, the replacement water must be appurtenant to this site until the <br />plan for augrrientation in case no. 2000CW142 is decreed. A copy of this approval letter <br />should be recorded with the county clerk and recorder. All replacement water must be <br />concurrent with depletions in quantity, timing and location. <br />