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Mary R. Halstead, P.E. <br />September 23, 2008 <br />Page 3 of 5 <br />feet (3.25 acre-feet of evaporative depletions and 0.15 acre-feet of mining depletions). Jackson <br />Lake Reservoir is located 30 miles upstream of Chartier Pit; therefore transit losses of 0.5% per <br />mile were included in the depletion calculation. CDOW is proposing an aggregate release of the <br />Jackson Lake Reservoir water during the irrigation season to replace irrigation season depletions. <br />The release of replacement water from Jackson Lake Reservoir may be aggregated to maximize <br />beneficial use; however, the rate and timing of an aggregated release shall be determined by the <br />water commissioner and/or division engineer. <br />The winter season depletions were estimated at 3.55 acre-feet. Replacement of depletions <br />for the.2008-2009 non-irrigation season will be made by a one-year lease with the Fort Morgan <br />Water Company, LTD ("Fort Morgan") using recharge accretion credits attributable to the Fort <br />Morgan Reservoir and Irrigation Company augmentation plan decreed in case no. W-2692. <br />Accretions generated by Fort Morgan are assumed to accrue to the South Platte River in the Brush <br />area. A copy of the Fort Morgan lease was provided to this office on July 7, 2008 and is attached to <br />this letter. CDOW is also proposing an aggregate release of all winter season replacements in <br />January and/or February 2009, to maximize beneficial use; however the rate and timing of an <br />aggregated release shall be determined by the water commissioner and/or division engineer. <br />Conditions of Approval <br />This SWSP is hereby approved pursuant to C.R.S. § 37-92-308(4), subject to the conditions <br />stated below: <br />1. This SWSP shall be valid for the period of July 7, 2008 through June 30, 2009, unless <br />otherwise revoked, modified, or superseded by decree. Additional SWSPs are required <br />until a court decreed plan for augmentation is obtained for the proposed uses. Should an <br />additional SWSP be requested, the provisions of C.R.S. § 37-92-308(4)(b) shall apply. The <br />statutory fee of $300 will be required pursuant to C.R.S. § 37-92-308(8). Any request for an <br />additional SWSP must be submitted to this office no later than February 28, 2009. <br />2. Approval of this SWSP is for the purposes stated herein and depletions are limited to the <br />structures identified in case no. 2006CW229. Additional structures and/or additional uses <br />for the water that is the subject of this SWSP will be allowed only if a new SWSP is <br />approved for those additional wellsluses and such additional wells/uses are identified in <br />case no. 2006CW229. Should a new SWSP be requested, the provisions of C.R.S. § 37- <br />92-308(4)(6) shall apply. The statutory fee of $300 will be required pursuant to C.R.S. § 37- <br />92-308(8). <br />3. Well permit no. 58561-F was issued for a maximum of 5.4 acres of exposed pond surface <br />area; however 6.2 acres are reported to be currently exposed. The Applicant is therefore <br />required to obtain a new well permit for the Chartier Pit in accordance with C.R.S. § <br />37-90-137(2) and this SWSP for the exposed surface area of the pond and product <br />moisture loss from the mined material. A new application is required to be submitted <br />within 60 days of the approval date of this SWSP. The provisions of C.R.S. § 37-90- <br />137(2) prohibit the issuance of a permit for a well to be located within 600 feet of any <br />existing well, unless the State Engineer finds that circumstances so warrant after a hearing <br />held in accordance with the procedural rules in 2CCR402-5. This hearing may be waived if <br />you are able to obtain statements from the owners of all wells within 600 feet, verifying that <br />they have no objection to your use of the proposed well.