2009-01-23_INSPECTION - M1995035

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r Applegate RECEIVED JAN 13 2009 Group, Inc. January 12,-2009 Mr....Jeff Deatherage, PE State Engineer's Office Street, Room 818 .1313S herman Denver, CO 80203 RE. Lagged Depletion Replacement for the Wellington Downs Pit, M-95-035 Dear Mr._Deatherage: On' behalf of Donnell 'Resources, Inc. (Connell), Applegate Group, Inc: prepared 'a response to the, October 30, 2008 memorandum on the Wellington Downs Pit. A copy of the memorandum is attached. Connell has continued to replace all lagged depletions from the Wellington Downs Pit. " The Wellington Downs Pit reservoir liner was approved in a letter dated July 7, 2005 pursuant to the "State Engineer's Guidelines for Lining Criteria for Gravel Pits" (August <1999). -The State Engineer's Office (SEO) approved the most recent Wellington Downs Pit substitute water supply plan '(SWSP) in 'a letter dated October 26, 2005, for water year 2006. In the letter, the. SEO approved the replacement `, of 95% of lagged depletions from recharge credit from Connell's recharge site. Connell has continued to replace the remaining 5% of post-pumping lagged depletions. Connell's recharge program has had an excess augmentation credit of over 100 acre-feet each water year,, of which: a portion was applied to the Wellington Downs Pit lagged depletions. Connell will replace 100% of lagged. post-pumping depletions on a monthly time step at the Wellington :Downs Pit by March 31, 2009. (Table No. J). The SEO has also allowed the remaining 56/o of lagged depletions to be replaced in a block replacement. In a block replacement, Connell replaced all 5% of the lagged depletions, in water year 2006 with -excess augmerition credit. Excess lagged, augmentation credit from diversions into Connell's recharge pond from the 2008 irrigation season will replace monthly depletions at the site through March .31; 2009. Connell will. continue to replace, lagged depletions throughout water year. 2009 using augmentation credit from 2.0. Box Elder Ditch shares in the recharge program. `The 2:0 shares are diverted into the Tinmath-Connell site recharge pond, which has been approved for recharge in previous SWSP approvals for the. Wellington Downs Pit and the water commissioner, George 1499 West 120th Avenue, .Suite 200 (303) 452-.6611. Fax (303) 452-2759 www.applegategroup.com Denver, Colorado 80234-2759