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Mr. Andy Rodriguez <br />November 4, 2009 <br />Replacement <br />Page 6 <br />The proposed source of replacement water for this combined plan is historical consumptive use <br />credits available from 11 shares of the Whitney Ditch, used for the irrigation of 342 acres on the <br />Firestien/Tigges/Roberts properties. Firestien farmed 134 acres, which was irrigated with ten shares of <br />Whitney Ditch. Seven of the ten shares are dedicated to this plan including the walk-away requirement. <br />The Tigges farm included ten shares of Whitney Ditch, which historically irrigated 120 acres. The <br />applicant has dedicated 4 shares to this plan and will reserve 6 shares to be used to cover walk-away <br />requirements. The total consumptive use available for the 11 shares of Whitney Ditch averaged 176.65 <br />acre-feet. In addition to the eleven shares of Whitney Ditch water, 6 shares of Kern Reservoir are <br />dedicated as replacement water to this plan. Lot Holding Investments, LLC, a subsidiary company of <br />Hall-Irwin, owns Kern Reservoir shares. During the months when there is a deficit, releases totaling <br />93.30 acre-feet associated with the 6 shares will be made from the Kern Reservoir (as reflected in the <br />attached Table 1). The 93.30 acre-feet also include 37.86 acre-feet which represents the return flow <br />from the 6 shares. A copy of the lease agreement for the Kern Reservoir shares was provided to this <br />office on October 28, 2009 and is attached to this letter. <br />The monthly depletions and replacement requirements are found on the attached Table 1. <br />I hereby approve the proposed substitute water supply plan in accordance with §37-90-137(11), <br />C.R.S., subject to the following conditions: <br />Conditions of Approval <br />1. This plan shall be valid for the period of January 1, 2009 through December 31, 2009 unless <br />otherwise revoked or modified. If this plan will not be made absolute by a water court action by <br />the plan's expiration date, a renewal request must be submitted to this office with the statutory <br />fee of $257 for each DRMS site no later than, November 25, 2009. <br />2. The total area of pond surface exposed acres for each of the pits shall not exceed those <br />values listed in Table A of this approval. Should the total surface area exposed exceed those <br />amounts, the Applicant is required to immediately file an amendment with this office. <br />3. The total amount of ground water to be appropriated from each of the pits shall not exceed the <br />values listed in Table B of this approval. <br />4. Approval of this plan is for the purposes stated herein. Any additional uses of this water must <br />first be approved by this office. Any future additional historical consumptive use credit given <br />(e.g., agricultural water transfer) for this site must consider all previous credits given. <br />5. All pumping for dust control shall be measured in a manner acceptable to the division <br />engineer. <br />6. All releases of replacement water must be sufficient to cover all out-of-priority depletions in <br />time, place, and amount and must be made under the direction and/or the approval of the <br />water commissioner. The attached table provides a proposed schedule of replacement. The <br />release of replacement water may be aggregated to maximize beneficial use. The water <br />commissioner and/or the division engineer shall determine the rate and timing of an <br />aggregated release.