2011-08-10_HYDROLOGY - M1984040 - Laserfiche WebLink

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Pete Conovitz Colorado Division of Wildlife 6060 Broadway Denver, Co 80216 Dear Mr. Conovitz: DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES August 10, 2011 Re: Substitute Water Supply Plan for Colorado Division of Wildlife (WDID 0102598) Chartier Pit DRMS M -84 -040 Case No. 2006CW229 Water Division 1, Water District 1 Period of Approval: July 1, 2011 through June 30, 2012 Contact Phone Number for Mr. Conovitz: 303 -291 -7273 John W. Hickenlooper Governor _ Mike King Executive Director Dick Wolfe, P.E. Director/State Engineer We have reviewed your request dated May 25, 2011 in which you request approval of a Substitute Water Supply Plan ("SWSP ") for the Colorado Division of Wildlife ( "CDOW" or "Applicant "), pursuant to C.R.S. §37 -92- 308(4) for the operation of the Chartier Pond [Division of Reclamation Mining and Safety ( "DRMS ") Permit no. M84 -040) located on the CDOW's Brush State Wildlife Area ( "SWA "). CDOW has filed an application for approval of plan for augmentation in the Division 1 Water Court under case no. 2006CW229. The SWSP references the 2006CW229 application and CDOW has provided notice of the requested SWSP to all counsel of record for 2006CW229. The notice was filed with the Water Court on June 10, 2010. The State Engineer's Office ( "SEO ") did not receive any responses during the statutory 30 -day comment period. The $300 - dollar fee has been received. The Applicant's SWSP was originally approved on November 28, 2007 for operation beginning July 1, 2007, and this SWSP seeks to extend the SWSP past three years from the original date of approval. Pursuant to § 37- 92- 308(4)(b), C.R.S., "if an applicant requests a renewal of a plan that would extend the plan past three years from the initial date of approval, the applicant shall demonstrate to the state engineer that the delay in obtaining a water court decree is justifiable and that not being able to continue operating under a substitute water supply plan, until a decree is entered, will cause undue hardship to the applicant." According to the information provided in this SWSP request, the Applicant has been working diligently to obtain a final decree in case no. 2006CW229 and not being able to continue operating under an SWSP until a decree is entered would cause undue hardship to the Applicant. Based on this information it was determined that the Applicant has satisfied § 37-92 - 308(4)(b), C.R.S. SWSP Operation Chartier Pond (WDID No. 0100867) is located on the property owned by Mr. Larry L. Chartier, in Section 14, Township 4 North, Range 56 West of the 6 P.M. Mr. Chartier mines gravel from this pit on an occasional basis. CDOW has a perpetual easement over the pond for hunting, fishing and recreation. In the previous SWSP the Applicant augmented the out -of- priority evaporation and operational depletions associated with the Chartier Pond by using the historical consumptive use of one share of Jackson Lake Reservoir and Irrigation Company during the irrigation season and a lease with Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303- 866 -3581 • Fax: 303-866-3589 www.water.state.co.us