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DEPARTMENT OF NATURAL RESOURCES ` ! O <br />DIVISION OF WATER RESOURCES <br />Jared Dains <br />Applegate Groutp, Inc <br />1499 West 120 Avenue, Suite 200 <br />Denver, CO 80234-2759 <br />August 17, 2010 <br />Hill Ritter, jr. <br />Governor <br />e ave-blrector <br />Dick wot? P.& <br />Director/Stete Snglneer <br />RE: Aggregate Industries South Platte Combined Replacement Plan Amendment <br />WDID 0202565 <br />Water Division 1, Water Districts 2, 3, 5 and 6 <br />Approval Period: January 1, 2010 through December 31, 2010 <br />Contact phone number for Mr. Jared Dains: 303-452-6611 <br />Dear Mr. Dains: <br />This letter is in response to your letter dated July 2, 2010, requesting an amendment to the <br />approval of the Aggregate Industries ("Aggregate" or "Applicant") South Platte Combined Substitute <br />Water Supply Plan ("SWSP") dated December 21, 2009. The purpose of this amendment is to add the <br />Graham Ditch Company lease water as an alternate source of replacement water to replace depletions <br />caused by gravel mining operations at multiple mine sites along the South Platte River mainstem, <br />Upper Poudre River (headwaters to Timnath Reservoir Inlet), Lower Poudre River (Timnath Reservoir <br />inlet to the confluence with the South Platte River) and St. Wain River. All other consumptive uses and <br />conditions at the fourteen sites included in this plan will remain the same as in the December 21, 2009 <br />approval. <br />In the December 21, 2009 SWSP approval letter we indicated that the applicant will utilize 240 <br />Boyd and Freeman Ditch shares in this plan. However, before any credit can be taken for the Boyd & <br />Freeman Ditch, accurate measuring and recording devices must be installed and those devices must <br />be approved by George Varra, the District 3 Water Commissioner. You indicated that no such <br />measuring and recording devices will installed on the Boyd and Freeman Ditch during this irrigation <br />season. Therefore, the Boyd and Freeman shares will not be used for replacement purposes during <br />this plan period and you proposed to use augmentation credits leased from Graham Ditch Company <br />instead. <br />Aggregate has obtained a lease from the Graham Ditch Company for 55 acre-feet of <br />replacement water from the Graham Seepage & Drainage Canal (WDID 0301321) water right. This <br />water right was decreed in case no. W-7818 as developed water, not tributary to the South Platte <br />River. The Court found that 2,800 acre-feet of water was developed by the construction, development, <br />and operation of the Graham Seepage & Drainage Canal; however, historically, only 1,330 acre-feet <br />were consumptively used, with 1,470 acre-feet discharged as waste water to the Cache La Poudre <br />River and its tributaries. In the decree entered in case no. W-7818, the Court indicated that it <br />considered the Supreme Court decisions in the cases of Southeastern Colorado Water Conservancy <br />District et al. v. Shelton Farms and Southeastern Colorado Water Conservancy District v. Colorado- <br />New Mexico Land Co.. Inc. 187 Colo. 181, 529 P.2d 13212 (1974). <br />j r Office of the State Engineer <br />1313 Sherman Street, Suite 818 a Denver, CO 80203 a Phone: 303466.3581 a pax: 303466,3589 <br />wwwmateriftie.co.us <br />CF-1%1 R' <br />AUG 1 1 20 1 <br />DlviSlOrl of <br />Mining andSE66W