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Mr. Jared Dains May 17, 2011 <br />Middle Poudre Combined Plan - Lafarge West, Inc. Page 3 of 9 <br />Computation of the net evaporation during any time that the pit is not completely covered by ice <br />shall be determined as the pro-rata amount of the monthly gross evaporation rate distribution amount <br />identified in the State Engineer's General Guidelines for Substitute Supply Plans for Sand and Gravel <br />Pits, subtracting the pro-rata amount of the effective precipitation for that period. <br />Based on the Division 1 Water Court decision in case no. 2009CW49, the replacement of evaporative <br />depletions is not required for ground water exposed to the atmosphere prior to January 1, 1981 through open <br />mining of sand and gravel, regardless of whether open mining operations continued or were reactivated on or <br />after that date. The Water Court effectively held that Senate Bill 120 of 1989, as amended in Senate Bill 93- <br />260, exempted all pre-1981 exposed ground water regardless of whether open mining operations continued <br />or were reactivated on or after January 1, 1981. Accordingly, for the 38:9 acres (25 acres exposed prior to <br />January 1, 1981 and 13.9 exposed after December 31, 1980) of ground water currently exposed at the <br />East Rigden Pit site, replacement of evaporative depletions is only required from the 13.9 acres exposed <br />after December 31, 1980. Also, for the 66.7 acres (9.2 acres exposed prior to January 1, 1981 and 57.5 <br />exposed after December 31, 1980) of ground water currently exposed at the Weitzel Pit site, <br />replacement of evaporative depletions is only required from the 57.5 acres exposed after December 31, <br />1980. The areas exposed prior to 1981 at the East Rigden Pit and the Weitzel Pit is shown on the <br />attached maps. The exemption from augmentation requirements for the pre-1981 area is tied to <br />the physical location identified on the map for each site and may no longer be re-allocated to <br />other areas of ground water exposure within the gravel pits permit boundaries. <br />Depletions <br />The depletions resulting from evaporation, water lost in product, dust control and concrete batching <br />are shown in Table B below: <br />TABLE B - DEPLETIONS <br /> . Evaporation Product Dust Total Total Current New <br />Site Name Loss Moisture Control Depletions Lagged Well Permit <br /> (ac-ft) Loss (ac-ft) (ac-ft) (ac-ft) Permit Required? <br />EastPit 32.89 0.00 1.14 34.03` 33.40 53509-F No <br />Three Bells 74.29 15.45 No <br />Pit (525,000 2.10 91.85 89.08 64818-F <br /> tons) <br />Weitzel Pit 126.79 0.00 0.00 126.79 146.85 64642-F No <br />Kyger Pit 23.66 0.00 0.00 23.66 22.81 53502-F No <br />Port <br />56.91 <br />0 <br />00 <br />0 <br />00 <br />56 <br />91 <br />61 <br />39 <br />60890-F <br />No <br />Pit <br />Entry . . . . <br />Shields 1.61 0 <br />00 2 <br />10 71 <br />3 11 <br />85 65095-F No <br />Mine . . . . <br />Total 316.15 15.45 5.34 336.95 365.11 <br />"0.09 acre-feet for drinking and sanitary purposes within an onsite office, which water returns through a septic <br />system and is assumed to be 10% consumptive