2009-06-24_REVISION - M1993041 - Laserfiche WebLink

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DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Dick Wolfe, P.E. Director/State Engineer James R. Hall, P.E. Division Engineer May 28, 2009 Via e-mail and U. S. Mail Nicole L. Johnson Raymond L. Petros, Jr. Petros & White LLC 1999 Broadway, Suite 3200 Denver, CO 80202 Re: Dowe Flats Surface Water Exchange Dear Ms. Johnson and Mr. Petros: This letter is in response to your letters of May 8 and 24, 2009 related to the proposed operation of the Dowe Flats limestone quarries operated by your client, Cemex, Inc. near Lyons, Colorado. Conditional water storage rights were decreed to these quarries in case 83CW374 as the Southdown Reservoir(s) (WDID 0504357). Evidence suggests that little, if any, groundwater is exposed in these quarries. A dewatering well permit (no. 45501-F) was obtained in 1995 to remove any precipitation captured by the quarries and discharge it to St. Wain Creek. However, in 2006 Cemex stopped dewatering the quarries and began to use that water, in addition to 457 CBT units, for dust suppression. This change was discovered by the Colorado Division of Reclamation Mining and Safety during a routine inspection in November 2008 and Cemex was required to either resume dewatering or apply for a plan of exchange or substitution by May 26, 2009. While Cemex is retaining the option of resuming dewatering operations at some point in the future, your current proposal is to use both the "upstream storage statute" (Section 37-80-120(1) C.R.S.) and a one- for-one exchange of CBT units as a substitute supply for any captured out-of-priority inflows. Basically, your plan would operate as follows: 1. The amount of any tributary water inflows to the quarries between November 1 and June 15 would be recorded; 2. To the extent any of this water was stored out-of-priority against a senior storage call that did not fill, an equal amount of CBT water would be provided to the Water Commissioner for release to St. Wain Creek; 3. From June 15 to October 31, CBT water would be provided to the Water Commissioner as a substitute supply for a real time exchange to allow retention and use of any captured precipitation; 4. The life of this exchange plan would be until final reclamation of this site, currently anticipated to be in 2024. Water Division 1 • Greeley 810 91h Street, Suite 200 • Greeley, CO 80631 • Phone: 970-352-8712 • Fax; 970-392-1816 www. wa ter, state, co.us