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Mr. Jeffery A. Clark Page 2 <br />May 14, 2008 <br />Del Camino Pit has 11 acre-feet of out-of-priority replacement requirements. As directed by the <br />water commissioner this requirement was replaced in March 2008 by an aggregate release of 12.49 <br />acre-feet from Erger's Pit, which accounted for 13.5% transit loss from Bromley Lakes site to the <br />confluence of the Saint Vrain and South Platte River (0.5% per mile for over 27 miles). Also releases <br />will be made from Erger's Pit in order to replace out-of-priority depletions for March and April 2008. <br />Replacements during the historical irrigation season will be provided by 0.1 shares of the <br />Last Chance Ditch, which yields 9.17 acre-feet of consumptive use credits. Approximately 33.64 <br />acres of historically irrigated area has been dried-up. The area of the dry-up is located in a portion of <br />the SW1/4 of the NW1/4 and the NW1/4 of the SW1/4 of Section 32, Township 3 North, Range 67 <br />West of the 6th P.M. as shown on the attached Figure 1. The remaining 1.4 shares of the Last <br />Chance Ditch will continue to be used for irrigation. <br />The lease from the Saint Vrain will provide a total of 15.26 acre-feet. A copy of the Saint <br />Vrain lease was submitted to the State Engineer's Office on April 28, 2008 and is attached to this <br />letter. Of the 15.26 acre-feet of lease water, approximately 1.44 acre-feet will cover transit losses <br />(9.5% total based on 0.5% per mile for the 19 miles from the Saint Vrain to the Del Camino Pit). The <br />amount of Saint Vrain replacement water that reaches the Del Camino Pit is 13.82 acre-feet. <br />I hereby approve the proposed substitute water supply plan in accordance with §37-90- <br />137(11), C.R.S., subject to the following conditions: <br />1. This substitute water supply plan shall be valid for the period of March 1, 2008 through <br />February 28, 2009, unless otherwise revoked, modified, or superseded by decree. If this <br />plan will not be made absolute by a water court action by the plan's expiration date, a <br />renewal request must be submitted to this office with the statutory fee (currently $257) no <br />later than January 15, 2009. <br />2. A well permit must be obtained for the current use and exposed pond surface area of the <br />gravel pit, in accordance with §37-90-137(2) and (11), C.R.S. Any application will be <br />evaluated subsequent to approval of this plan. The provisions of §37-90-137(2) C.R.S. <br />prohibits the issuance of a permit for a well to be located within 600 feet of any existing well, <br />unless the State Engineer finds that circumstances so warrant after a hearing held in <br />accordance with the procedural rules in 2CCR402-5. This hearing may be waived if you are <br />able to obtain statements from the owners of all well within 600 feet, verifying that they have no <br />objection to your use of the proposed well. Should a new well permit be denied for reasons of <br />600 foot spacing, or any other legitimate reason, approval of this substitute supply plan will be <br />cancelled. <br />3. The total surface area of the groundwater exposed at the Del Camino Pit after December 31, <br />1980 must not exceed 7.54 acres resulting in 19.24 acre-feet of evaporative loss. <br />4. Total consumption at the pit(s) must not exceed these aforementioned amounts unless an <br />amendment is made to this plan. <br />5. Approval of this plan is for the purposes as stated herein. Any additional uses for which the <br />water may be used must first be approved by this ofi'tce. Any future additional historic <br />consumptive use credit given (e.g. agricultural water transfer) for this site must consider all <br />previous credits given. <br />