2010-02-10_HYDROLOGY - M1978327

• Permit No: M1978327
• IBM Index Class Name: HYDROLOGY
• Doc Date: 2/10/2010
• Doc Name: Substitute Water Supply Plan
• From: OSE
• To: Applegate Group, Inc.
• Permit Index Doc Type: Hydrology Report
• Email Name: ECS
• Media Type: D
• Archive: No

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DEPARTMENT OF NATURAL RESOURCES
cc. S
DIVISION OF WATER RESOURCES
Bill Ritter, Jr.
Governor
James B. Martin
Executive Director
February 9, 2010
Mr. Tom Hatton
Applegate Grouhp, Inc.
1499 West 120' Avenue, Suite 200
Denver, CO 80234-2728
Z
RE: Substitute Water Supply Plan for Kauffman #1 Pit (WDID 0402530)
DR o. -78-327
E %, Section 20, T5N, R68W, 6th P.M.
Water Division 1, Water District 4, Larimer County
Approval Period: January 1, 2010 through December 31, 2010
Contact Phone Number for Mr. Tom Hatton: 303-452-6611
Dear Mr. Hatton:
Dick Wolfe, P.E.
Director/State Engineer
RECEN
FEB 10 2010
Division of keciairiaaota,
Amin n9 and Safety
We have reviewed your letter of November 12, 2009 requesting renewal of the above referenced
substitute water supply plan for a sand and gravel pit. The required fee of $257.00 for the renewal of this
substitute water supply plan has been submitted (receipt number 3643447). The original substitute water
supply plan was approved on April 6, 1992 and it was most recently approved on December 11, 2008.
SWSP Operations
The mine is located in Larimer County in the E Y2 of Section 20, Township 5 North, Range 68 West
of the 6th P.M., and has well permit no. 42901-F (WDID 0403009). According to your.letter, there will be
no aggregate production at the Kauffman #1 Pit during the term of this plan. The only consumptive uses
at this site will be from evaporation of exposed ground water and dust control. Reclamation is anticipated
to begin in January 2011. The replacement water will be supplied by a lease with the City of Loveland.
Previous correspondence from this office had indicated an upcoming change in the
administration of evaporation from ground water exposed to the atmosphere prior to 1981, requiring that
owners and operators of such pits replace all out-of-priority evaporative depletions from the entire surface
area of the ground water exposed in the pits, effective January 1, 2010. However, based on the Division
1 Water Court decision in case no. 2009CW49 (entered August 27, 2009), 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 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 42.5 acres (36.2 acres exposed prior to January 1, 1981 and 6.3 exposed after
December 31, 1980) of ground water currently exposed at the Kauffman #1 Pit, replacement of
evaporative depletions, is only required from the 6.3 acres exposed after December 31, 1980.
Office of the Sta a Engineer
1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: [phone] • Fax: [phone]
www.water.state.co.us