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Mr. Jared Dains, E.I. <br />December 16, 2009 <br />Page 3 of 5 <br />acre -feet of water was developed by the construction, development, and operation of the <br />Graham Seepage & Drainage Canal; however, historically, only 1,330 acre -feet were <br />consumptively used, with 1,470 acre -feet discharged as waste water to the Cache La Poudre <br />River and its tributaries. In the decree entered in case no. W -7818, the Court indicated that it <br />considered the Supreme Court decisions in the cases of Southeastern Colorado Water <br />Conservancy District et al. v. Shelton Farms and Southeastern Colorado Water Conservancy <br />District v Colorado -New Mexico Land Co., Inc. 187 Colo. 181, 529 P.2d 13212 (1974). Based <br />on the above, this SWSP will only recognize 1,330 acre -feet per year of consumable water. <br />Augmentation credits are determined by multiplying measured deliveries by a 47.5% factor. <br />The lease consists of credits only, and the actual deliveries will include additional water to <br />account for the 47.5% factor. The Graham Seepage & Drainage Canal deliveries are made <br />approximately 4.3 river miles upstream of the estimated point of depletion of the Loloff Pit, <br />therefore a transit loss of 1.08 percent (0.25 percent per mile for 4.3 miles) is included in the <br />14.20 acre -feet amount. The current lease from the Graham Drainage Ditch Company water is <br />for the period of April 1, 2010 through October 31, 2010 and is attached to this letter. <br />Conditions of Approval <br />I approve the proposed substitute water supply plan in accordance with Section 37 -90- <br />137(11), C.R.S., subject to the following conditions: <br />1. This SWSP shall be valid for the period of January 1, 2010 through December 31, 2010, <br />unless otherwise revoked, modified, or superceded by decree. If this plan will not be <br />made absolute by a water court action by the plan's expiration date, a renewal request <br />must be submitted to this office with the statutory fee (currently $257) by November 15, <br />2010. <br />2. Well permit no. 67479 -F was obtained for the current use and exposed pond surface <br />area of the gravel pit in accordance with §37 -90- 137(2) and (11), C.R.S. <br />3. The total surface area of the groundwater exposed at the Loloff Pit must not exceed 7.3 <br />acres during the period of this SWSP resulting in 21.02 acre -feet of evaporative loss and <br />the amount of water used for dust control during this approval period shall not exceed 1 <br />acre -foot. <br />4. Total consumption at the pit(s) must not exceed these aforementioned amounts unless <br />an amendment is made to this plan. <br />5. Approval of this plan is for the purposes as stated herein. Any additional uses for which <br />the water may be used must first be approved by this office. Any future additional <br />historic consumptive use credit given (e.g. agricultural water transfer) for this site must <br />consider all previous credits given. <br />6. The replacement water, which is the subject of this plan, cannot be sold or leased to any <br />other entity. As a condition of subsequent renewals of this substitute water supply plan, <br />the replacement water must be appurtenant to this site until a plan for augmentation is <br />obtained. A copy of this approval letter should be recorded with the county clerk and <br />recorder. All replacement water must be concurrent with depletions in quantity, timing <br />and locations. <br />