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Mr. Richard Raines July 29, 2009 <br />Middle Poudre Combined Plan Amendment - Lafarge West, Inc. Page 3 of 4 <br />the crop mix, irrigated acreage and water available for irrigation, TZA concluded that the Lake <br />Canal system is water short. TZA also noted that a historical consumptive use of 65% is not <br />uncommon for the use of supplemental reservoir water within water short ditch systems. <br />The Applicant was previously advised that if a subsequent request to use Gray Lakes <br />water for replacement purposes is submitted without a detailed historical consumptive use <br />analysis being provided to substantiate a larger credit, the consumptive use credit allowed <br />would be limited to 45% for the Gray Lakes water (55% assumed to be return flow). Since a <br />detailed historical consumptive use analysis of the Gray Lakes water was not provided, <br />the consumptive use credit allowed for this plan will be limited to 45%. Thus, in order to <br />provide 6.52 acre-feet of replacement water, a total of 14.48 acre-feet of Gray Lakes water <br />must be released (55% of 14.48 acre-feet or 7.96 acre-feet are the required return flow <br />obligations). These amounts do not include any required transit losses. On July 7, 2009 the <br />Applicant submitted a new lease with the LCRC for 14.49 acre-feet that includes also the <br />amount of return flow obligations that will be released from the Gray Lakes during this approval <br />period. <br />Conditions of Approval <br />I hereby approve the proposed substitute water supply plan in accordance with Section <br />§ 37-90-137(11), C.R.S. subject to the following conditions: <br />All conditions listed in the original SWSP approved for the Middle Poudre Combined Plan <br />on March 17, 2009 remain in effect except as modified herein. A copy of the original <br />approval is attached for your reference. This amendment does not alter the approval <br />period of this plan, which is April 1, 2009 through October 31, 2009 unless otherwise <br />revoked or modified. If this plan will not be made absolute by a water court action by the <br />plan's expiration date, a renewal request must be submitted to this office with the statutory <br />fee (currently $257/pit) for each gravel pit no later than September 15, 2009. <br />2. Well permit no. 53509-F was obtained for the East Rigden pit site, in accordance with <br />Section §37-90-137(2) and (11), C.R.S., and this permit remains valid for the current use <br />and exposed pond surface area. <br />3. The total surface area of the groundwater exposed at the East Rigden Pit site shall not <br />exceed 32.1 acre-feet. Should the total surface area exposed exceed those amounts, an <br />amendment request shall be promptly filed with this office. <br />4. The applicant was previously advised that if a subsequent request to use Gray Lakes <br />water for replacement purposes was submitted without a detailed historical consumptive <br />use analysis being provided to substantiate a larger credit, the consumptive use credit <br />allowed will, be limited to 45% (55% assumed to be return flow). Since a detailed <br />historical consumptive use analysis of the Gray Lakes water was not provided, the <br />consumptive use credit allowed for this plan will be limited to 45% for the Gray <br />Lakes water (55% assumed to be return flow).