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Mr. Jared Dains, E.I. Page 4 <br />October 22, 2010 <br />83.3 acre-feet of replacement water from the Graham Seepage & Drainage Canal water right. <br />This water right was decreed in case no. W-7818 as developed water, not tributary to the South <br />Platte River. The Court found that 2,800 acre-feet of water was developed by the construction, <br />development, and operation of the Graham Seepage & Drainage Canal; however, historically, <br />only 1,330 acre-feet were consumptively used, with 1,470 acre-feet discharged as waste water <br />to the Cache La Poudre River and its tributaries. In the decree entered in case no. W-7818, the <br />Court indicated that it considered the Supreme Court decisions in the cases of Southeastern <br />Colorado Water Conservancy District et al. v. Shelton Farms and Southeastern Colorado Water <br />Conservancy District v. Colorado-New Mexico Land Co Inc 187 Colo. 181, 529 P.2d 13212 <br />(1974). Based on the above, this SWSP will only recognize 1,330 acre-feet per year of <br />consumable water. The current lease for the Graham Seepage & Drainage Canal water is for <br />the period of April 2011 through October 2011 and a copy is attached to this letter. Deliveries to <br />the Cache La Prudre are measured at a flume located approximately 380 feet from the mouth of <br />the ditch and z made downstream of the estimated point of depletions from the Feit Pit, <br />therefore rr aansit losses were assessed. <br />The monthly depletion and replacement requirements are found on the attached Table 4. <br />Conditions c proval <br />b5 ipprr° a the proposed SWSP in accordance with § 37-90-137(11), C.R.S., <br />subjec .ne fc o* conditions: <br />1 his SV iP i 40roved with the effective date of November 1, 2010 and shall be valid <br />thr- 1, 2011 unless otherwise revoked or modified. If this SWSP will not be <br />r y a was r court action by the plan's expiration date, a renewal request <br />a i ed to this office with the statutory fee (currently $257) no later than <br />2011. <br />2. A well er- 54916-F, was issued for a maximum total exposed surface water area <br />13 !)it c3 'es (including 6.1 acres exposed prior to 1981). Since the existing <br />io. 54G ,-, ,ot cover the additional acreage exposed at the site, a new well <br />nust be ob' or the current use and exposed surface area of the gravel pit in <br />accoi ance %vith §:- -yu-137(2) and (11), C.R.S. in conjunction with this SWSP. The <br />provis -.rs c :?.alorado Revised Statute 37-90-137(2) prohibits the issuance of a permit <br />for a °. to c : ;r-eated within 600 feet of any existing well, unless the State Engineer <br />finds i,iat -rci - -nces so warrant after a hearing held in accordance with the <br />proce. R402-5. This hearing may be waived if you are able to obtain <br />state lers of all wells within 600 feet, verifying that they have no <br />the proposed well. Should a new well permit be denied for <br />it spacing, or any other legitimate reason, approval of this substitute <br />sup;.., plan ma, Je cancelled. <br />3. The total surface area of the groundwater exposed at the Feit Pit after December 31, <br />1980 must not exceed 34.1 acres resulting in 94.08 acre-feet of evaporative loss. <br />4. The total amount of water used at the Feit Pit site shall not exceed 3.1 acre-feet of water <br />for concrete production, 0.8 acre-feet of water for dust control, and 0.11 acre-feet of <br />water for drinking and sanitary purposes.