2010-05-17_REVISION - M1996049 (7)

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Mr. Gary D. Witt Page 2 July 30, 2009 derived from the accepted TR-21 Blaney-Criddle method. The consumptive use credit was further reduced for the McKay Ditch since the underlying water right is typically out-of-priority beginning in September and diverts as a beneficiary of the Green Mountain Users Pool, for which the gravel pit mining uses do not qualify. It should also be noted that there are several years of data missing from the diversion records for each of these structures, which may result in zeros being averaged into the study period, and a corresponding reduction in the historical average consumptive use. Therefore, the historical consumptive use credits will be limited to a total of 89.91 acre-feet per year for this plan. (A discussion of the potential for further reduction of the credits for subsequent plans will be forthcoming in a separate letter.) The amount of allowed credits is summarized in the attached Table 3. Historic return flows from irrigation on this site are to be maintained by continuing diversions through the South Rock Creek Ditch from South Rork Creek to Maryland Creek. Please note that approval of these credits does not imply a position by this office in any subsequent change of water right or other litigation for these water rights. Plan Operation Replacement water to offset depletions during the non-irrigation season is to be provided by releases from storage from Green Mountain Reservoir and Dillon Reservoir. The proposed schedule of releases from storage is outlined in Table 4 for the next year of operation. Releases from Green Mountain Reservoir are proposed to total 15.63 acre-feet from an existing contract with the U.S. Bureau of Reclamation (Bureau), (a copy of which was provided) which has not already been committed to the augmentation plan filed in Case No. 96CW176. An additional 7.94 acre-feet are proposed to be released pursuant to the amended contract with the Bureau for an additional 45 acre-feet of water. Releases from Dillon Reservoir are proposed to total 3.3 acre-feet in the next year of operation. This water is available pursuant to an agreement with the Board of Commissioners of Summit County, a copy of which was provided. A portion of the water under this agreement is also committed to the augmentation plan filed in Case No. 96CW176. I hereby approve the proposed substitute water supply plan in accordance with Section §37-90-137(11), C.R.S., subject to the following conditions: 1. This plan shall be valid from August 1, 2009 through July 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 90 days prior to the above expiration date. 2. The Applicant must provide a proposed accounting form along with the name, address and phone number of the contact person who will be responsible for the operation of the plan to this office, the Division Engineer, and the Water Commissioner within 20 days of the receipt of this approval. The contact information must also be included on the accounting forms submitted to the Division Engineer and the Water Commissioner. 3. The Applicant must obtain a new well permit for the exposure of ground water and the uses described herein prior to operation of the gravel pit pursuant to this plan, since the uses are expanded beyond that permissible under existing Permit No. 48230-F. Once a permit is obtained, the Applicant must provide all follow up documentation and forms necessary to keep the permit valid. The provisions of Colorado Revised Statute 37-90- 137(2) prohibits 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 will be canceled.