Laserfiche WebLink
Jared Dains <br />South Platte Combined Replacement Plan <br />March 21, 2011 <br />Page 12 <br />from dewatering the applicant must install adequate measuring device to measure the quantity of <br />water being pumped for dewatering purposes. <br />According to an affidavit dated December 10, 2009, the Applicant dedicated the 12.5 shares of the <br />Whitney Ditch Company, 100% of the Coffin & Davis Ditch, 96 shares of the Fulton Irrigating Ditch <br />Company, 240 shares of the Boyd and Freeman Ditch Company, and 1.323 shares in the Brighton <br />Ditch Company as replacement water solely to this SWSP for as long as there are depletions of <br />these pits or until such time another source of replacement water is obtained. A copy of the <br />affidavit is attached to this letter. <br />The proposed depletions and replacements are shown in the attached Division 1 Water <br />Accounting Summary. <br />Conditions of Approval <br />I hereby approve this substitute water supply plan, in accordance with Section 37-90-137(11), <br />C.R.S., subject to the following conditions: <br />Except as noted in condition no. 3 below this SWSP shall be valid for the period of <br />January 1, 2011 through December 31, 2011, unless otherwise revoked, modified, or <br />superceded by decree. Should a request for renewal of this plan be needed, such renewal <br />request must be submitted to this office with the statutory fee (currently $257 per pit) no <br />later than November 15, 2011. <br />2. A well permit must be obtained for the current use and exposed pond surface area for the <br />gravel pits whose use has expanded since previously permitted. Those gravel pits are <br />denoted above in Table 1. The provisions of Colorado Revised Statute 37-90-137(2) <br />prohibits the issuance of a permit for a well to be located within 600 feet of any existing well, <br />unless the State Engineer finds that circumstances so warrant after a hearing held in <br />accordance with the procedural rules in 2CCR402-5. This hearing may be waived if you are <br />able to obtain statements from the owners of all wells within 600 feet, verifying that they <br />have no objection to your use of the proposed well. Should a new well permit be denied for <br />reasons of 600 foot spacing, or any other legitimate reason, approval of the subject gravel pit <br />under this substitute supply plan will be canceled. <br />3. The Applicant shall provide a copy of the additional lease of 35 acre-feet with the City <br />of Westminster by October 31, 2011 for the fully consumable replacement water to <br />replace depletions from the operation of the gravel pit sites included in this plan. <br />The Applicant shall provide a copy of the lease to the SEO, division engineer, and water <br />commissioner. If a lease is not provided by October 31, 2011, this plan shall expire on <br />that date and all use of water under this SWSP must cease immediately. <br />4. The applicant may only utilize the 1.5 shares of Smith & Emmons Ditch in this plan if all <br />required measurement and bypass structures have been installed and approved by the <br />water commissioner. In addition, the District 6 water commissioner must be provided prior <br />notification from a ditch company representative prior to delivery of the 1.5 shares of Smith <br />& Emmons Ditch from the river to the head gate.