2010-02-10_HYDROLOGY - M1978327 - Laserfiche WebLink

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Tom Hatton Page 3 February 9, 2010 C accounting to demonstrate that the source of the replacement water leased from Loveland does not include water consisting of the Barnes and Chubbuck Ditch inches. Conditions of Approval I hereby approve the proposed substitute water supply plan in accordance with § 37-90-137(11), C.R.S., subject to the following conditions: 1. This plan is approved with the effective date of January 1, 2010 and shall be valid through December 31, 2010 unless otherwise revoked or modified. If this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee (currently $257) no later than November 15, 2010. Your renewal request must address the issues raised in conditions #12 and 13 below. 2. Well permit no. 42901-F was obtained for this gravel pit in accordance with § 37-90-137(2) and (11), C.R.S.; however, this permitwas issued fora location in the NW %of Section 21, T 5 N, R 68 W. Based on.. the map provided with your renewal request, the Kauffman #1 Pit appears to be located in the f Y2 of Section 20, T 5 N, R 68 W. Accordingly, the Applicant is required to obtain a well permit for he correct location of the pit in the E'/z of Section 20. Within 30 days of your receipt of this letter, an application for a new well permit, or an application for a well location amendment must be submitted to this office to obtain a permit in accordance with § 37-90-137(2) and (11), C.R.S. The provisions of § 37-90-137(2), C.R.S., prohibit the issuance of a permit for a well to be located within 600 feet of any existing well, unless the State Engineer finds that circumstances so warrant after a hearing held in accordance with the procedural rules in 2CCR402-5. This hearing may be waived if you are able to obtain statements from the owners of all wells within 600 feet, verifying that they have no objection to your use of the proposed well. Should a new well permit be denied for reasons of 600 foot spacing, or any other legitimate reason, approval of this substitute supply plan may be cancelled. 3. The total surface area of groundwater exposed at the Kauffman Pit site after December 31, 1980 must not exceed 6.3 acres resulting in 14.5 acre-feet per year of evaporative loss and the annual amount of water used for dust control at the Kauffman Pit site shall not exceed 2.5 acre-feet. Total consumption at the pit(s) must not exceed these aforementioned amounts unless an amendment is made to this plan. 4. Approval of this plan is for the purposes as stated herein. Any additional uses for which the water may be used must first be approved by this office. 5. The replacement water that is the subject of this plan cannot be sold or leased to any other entity. As a condition bf subsequent renewals of this substitute water supply plan, the replacement water must be appurtenant to this site until a plan for augmentation is obtained. All replacement water must be concurrent with depletions in quantity, timing and locations. 6. In the event Loveland plans to use C-BT Project water as a replacement source, Loveland shall comply with the Interim Rule issued by the District in May 2005 regarding the use of C-BT Project water in substitute water supply plans. Prior to the use of the C-BT Project water, Loveland shall notify this office, the division engineer and the water commissioner of the amount of C-BT Project water dedicated to this plan and provide a copy of the District's approval letter as required by paragraph I(g) of the District's May, 2005 Interim Rule.