2009-10-27_HYDROLOGY - M1977081

• Permit No: M1977081
• IBM Index Class Name: HYDROLOGY
• Doc Date: 10/27/2009
• Doc Name: Substitute Water Supply Plan
• From: OSE
• To: Applegate Group, Inc.
• Permit Index Doc Type: Hydrology Report
• Media Type: D
• Archive: No

DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATER RESOURCES
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
October 19, 2009 Dick Wolfe, P.E.
Director/State Engineer
Ms. Sira Sartori
Applegate Group, Inc.
1499 West 120th Ave., Suite 200
Denver, Colorado 80234-2759 ? /
RE: Substitute Water Supply Plan, Greeley West Pit, DRMS No. M-77-08811
WDID 0302531
Section 36, T6N, R66W, 6th P.M.
Water Division 1, Water District 3, Weld County
Approval Period: November 1, 2009 through October 31, 2010
Contact Phone Number for Ms. Sira Sartori: 303-452-6611
Dear Ms. Sartori:
Your letter dated August 31, 2009, requesting renewal of the above referenced substitute
water supply plan to cover depletions caused by an existing gravel mining operation has been
reviewed. The required fee of $257 for the renewal of this substitute water supply plan has been
submitted. The original plan was approved on January 14, 1992 and it was most recently renewed
on January 6, 2009.
SWSP Operations and Depletions
The Greeley West Pit (WDID 0303020) is still owned by Flatiron Companies ("Flatiron") and
is leased to Lafarge for mining. In an agreement with Flatiron, the City of Greeley assumed the long-
term augmentation responsibility for the Greeley West Pit. The total exposed pond surface area at
this site is 75.2 acres. According to the information from the previous plan, a total of 45.5 acres of
pond surface was exposed within the Greeley West Pit reclamation permit boundary prior to January
1, 1981. Based on the Division 1 Water Court decision in case no. 2009CW49, the replacement of
evaporative depletions is not required for ground water exposed to the atmosphere prior to January 1,
1981 through open mining of sand and gravel, regardless of whether open mining operations continued or
were reactivated on or after that date. The Water Court effectively held that Senate Bill 120 of 1989, as
amended in Senate Bill 93-260, exempted all pre-1981 exposed ground water regardless of whether open
mining operations continued or were reactivated on or after January 1, 1981.
Accordingly, for the 75.2 acres (45.5 acres exposed prior to January 1, 1981 and 29.7 exposed
after December 31, 1980) of ground water currently exposed at the Greeley West Pit site, replacement of
evaporative depletions is only required from the 29.7 acres exposed after December 31, 1980.
Evaporation is the only consumptive use of water at this site. It is anticipated that mining will resume
at this site once the operator, Lafarge West, Inc., completes mining activities at the nearby 35th
Avenue Pit site (M-77-036). The anticipated net depletion for this plan is 86.9 acre-feet per year. No
dewatering is provided or sought under this plan.
rqN
Office of the State Engineer
1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: [phone] • Fax: [phone]
www.water.state.co.us