2010-03-11_HYDROLOGY - M1999069 - Laserfiche WebLink

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Sira Sartori March 8, 2010 Replacements Page 2 Replacement water for this pit will continue to be made available throughout the year from a lease of 65 acre-feet of fully consumable water from the City of Loveland ("Loveland"). This lease also applies to losses at another gravel pit, Kauffman Pit DRMS M 78-327. A copy of the lease associated with the mining operation was provided to the State Engineer's Office with the plan request and a copy of the lease is attached to this letter. The duration of the lease is from January 1, 2010 through December 31, 2012. A 4 percent transit loss from Green Ridge Glade Reservoir to Wagner/Kauffman Pit No. 3 has been applied to the delivery of the replacement water. Under the terms of the lease, replacements can be made using a variety of water owned by Loveland including, but not limited to, Windy Gap reusable effluent, Loveland Storage Reservoir water as decreed in case no. 82CW202A, and Colorado Big Thompson Project ("C-BT") water. In the event that the City plans to use C-BT water as a replacement source, the City shall comply with the Interim Rule issued by the Northern Colorado Water Conservancy District ("Northern District") in May 2005, regarding the use of Colorado-Big Thompson ("CBT") Project water in substitute water supply plans. Prior to the use of C-BT Project water, the City is required to 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.Northern District's approval letter as required by paragraph I(g) of the Northern District's May, 2005 Interim Rule. Additionally, please note that as a matter of law, the Division 1 Water Court determined in an Order dated November 25, 2009, in case no. 02CW392, that the 82CW202A decree did not grant Loveland any right to reuse or make successive use of the Barnes and Chubbuck Ditch inches. Accordingly, this plan does not approve the use of replacement water consisting of the Barnes and Chubbuck Ditch inches. For the purposes of this plan, the Applicant is required to provide 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. The monthly depletion and replacement requirements are indicated on the attached Table 3. Conditions of Approval I hereby approve the proposed substitute waiver 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. 3. Well permit no. 65258-F was obtained for the current use and exposed pond surface area of the gravel pit in accordance with §37-90-137(2) and (11), C.R.S. 4. The total surface area of the groundwater exposed at the Wagner/Kauffman Pit No. 3 must not exceed 2.6 acres resulting in 6 acre-feet per year of evaporative loss. 5. The total amount of product mined at the Wagner/Kauffman Pit No. 3 shall not exceed 350,000 tons per year, which results in 10.3 acre-feet of water lost with the mined product.