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Mr. Jared Dains Page 2 <br />January 27, 2009 <br />have assumed the ice covered period to occur during the months of December and January, based on <br />the average monthly temperatures being below freezing (using data taken from the Greeley weather <br />station for the time period from 1967 through 2005). However, for the purpose of this SWSP, the <br />Applicant shall replace the net evaporation depletions from the exposed ground water surface area that <br />may occur during the assumed ice covered period (December and January) for any time that the pit is not <br />completely covered by ice. <br />Computation of the net evaporation during any time that the pit is not completely covered by ice <br />shall be determined as the pro-rata amount of the monthly gross evaporation rate distribution amount <br />identified in the State Engineer's General Guidelines for Substitute Supply Plans for Sand and Gravel <br />Pits, subtracting the pro-rata amount of the effective precipitation for that period. <br />You have provided a monthly breakdown of the annual depletions totaling 34.60 acre-feet of <br />evaporative loss from 12.54 acre of exposed surface area, 4.51 acre-feet of water used and consumed <br />for dust control, and 2.94 acre-feet of water lost with 200,000 tons of mined product. Prior to dewatering, <br />the material to be mined was located below the water table; however since this site has been dewatered, <br />the material:to be mined will be in a dewatered state. Since the material will not be washed, pursuant to <br />the' State Engineer's Guidelines for Substitute Water Supply Plan for Sand and Gravel Pits, the assumed <br />moisture content is 2% by weight. <br />Note, that4ue to a change in administration of evaporation from ground water exposed to the <br />atmosphere priof.to 1981, pre-1981 credits will no longer be allowed for gravel pits which exposed ground <br />water to the atmosphere prior to 1981 and were actively mined on or after January 1, 1981. Accordingly, <br />evaporative depletions for such gravel pits will need to be replaced from the entire surface area of the <br />ground water exposed in the pits. In order to allow owners and operators of the affected pits time to comply <br />with this change in the administration requirements, the owners and operators will have until January 1, <br />2010 to comply with the replacement requirements. The Applicant is hereby notified that the no credit <br />from the 5.27 acres of ground water exposed prior to 1981 will be given after January 1, 2010 and <br />evaporation from the 5.27 acres must be replaced in any subsequent SWSP renewal for this pit if <br />this area is connected to the acreage exposed after December 31, 1980. <br />Replacements <br />The sources of replacement water to be used for this plan will be from five shares of the Greeley <br />Irrigation Company ("GIC"). A portion of the GIC was changed in Division 1 Water Court case no. <br />96CW658. The applicant's GIC shares will be delivered to the Cache La Poudre River at the 23`d Avenue <br />and Fourth Street Return Station. Those replacements will be made directly adjacent to the Bucklen Pit. <br />Due to close proximity of the return station to the Bucklen Pit, no transit losses will be assessed to the <br />delivery of the GIC shares. <br />A portion of the Greeley Canal No. 3 was changed in Division 1 Water Court in case no. 96CW658 <br />based on a ditch-wide analysis by the Poudre Prairie Mutual Reservoir and Irrigation Company. The use of <br />the subject ditch shares in this plan shall be in accordance with the terms and conditions decreed in case <br />no. 1996CW658, including monthly and annual volumetric limits on water deliveries and monthly return flow <br />requirements. The decree in case no. 1996CW658 found that 519.7 shares were used to irrigate 3,501 <br />acres with an average historic consumptive use of 5,358 acre-feet per year, which yields an average <br />consumptive use credit of 10.31 acre-feet per share (5,358 acre-feet/519.7 shares).