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Mr. Rick Parsons, P.E. April 19, 2010 <br />L.G. Everist Combined Replacement Plan Page 5 of 9 <br />storage water right in the 112-lined pond was approved by the Division 1 Water Court in Case No. <br />2001 CW274. An application for a change of water right (to allow the VC1's Rural Ditch shares to be used <br />in addition to irrigation for augmentation, replacement, exchange, commercial, industrial, recreational; <br />piscatorial, wildlife propagation and storage) and approval of a plan for augmentation was filed with the <br />Water Court in Case No. 2003CW306. A copy of the VCI lease was provided to this office on January <br />25, 2010 and is attached to this letter. The VCI's Rural Ditch shares are also being used for replacement <br />of depletions at the VCI's Durham Pit (M78-056). <br />South Platte River <br />•L. G. Everist owns 2.25 shares of the Lupton Bottom Ditch. Of the 2.25 shares of the Lupton <br />Bottom Ditch water, 1 share will be dedicated to this plan in 2010 and 2011. The 2.25 shares were <br />historically used to irrigate 95 acres of corn and small vegetables. The land historically irrigated by the <br />2.25 shares is the same land that is currently being mined at the Ft. Lupton mine. Assuming a 10% <br />ditch loss and a 55% irrigation efficiency, the dry-year consumptive use of the 2.25 shares was <br />determined to be 138 acre-feet. The prorated consumptive use and return flows for the 1 share is <br />shown in attached Table 11. The Lupton Bottom shares will be delivered back to the South Platte River <br />at either the augmentation station located just north of WCR 14.5 or the East Lateral Ditch into Little Dry <br />Creek. <br />The VCI lease will also be used to replace winter depletions at the South Platte River Pits. The <br />lease accounts for the transit losses to the South Platte River of approximately 2.75 percent based on <br />about 11 river miles from the 112 Pit releases to the Saint Wain River down to the confluence with the <br />South Platte River times 0.25 percent winter transit loss per mile. <br />The nontributary Laramie-Fox Hills aquifer water will be withdrawn by existing wells pursuant to <br />permit nos. 66271-F, 66273-F and 66274-F. The wells are currently permitted for industrial, commercial <br />and augmentation use and are allowed a combined average annual withdrawal of 73.1 acre-feet and a <br />pumping rate of 150 gpm. The wells are further described in the Table below. The Applicant's accounting <br />includes the 2% relinquishment requirement for the nontributary Laramie-Fox Hills water. <br />Well Field WDID 0204101 0204101 0204101 <br />Well Field Name EVERIST LFH WL FLD EVERIST LFH WL FLD EVERIST LFH WL FLD <br />Relevant Water Right <br />Case Number N/A N/A N/A <br />Well WDID 0210211 0210212 0210213 <br />Well Name EVERIST LFH WELL <br />66271-F EVERIST LFH WELL <br />66273-F EVERIST LFH WELL <br />66274-F <br />Relevant Well Permit 66271-F 66273-F 66274-F <br />Well Location SW, NE SEC 30,2N, <br />66W NW, NW SEC 24, 1S <br />65W NW, NW SEC 30,2N, <br />66W <br />Aquifer LAR/FOX HILLS LAR/FOX HILLS LAR/FOX HILLS <br />Allowable AF Amount 73.1 ACRE FEET COMBINE D <br />You stated that Laramie-Fox Hills wells will only be needed in case of a Milton Reservoir call <br />during the winter. A monthly breakdown of the stream depletions from the mining operations as well as <br />the replacements are shown in the attached Tables 8 and 11.