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Mr. Mark A. McLean, P.E. December 5, 2011 <br />DeBeque Pit SWSP Page 2 <br />documentation to identify what water rights or other permanent water source will be dedicated <br />to the SWSP to assure that all permanent depletions from either an unforeseen abandonment of <br />the site by the Applicant or as a result of long term ground water exposure after completion of <br />mining and reclamation will be replaced so as to prevent injury to other water rights <br />In accordance with approach no. 4, you have provided an affidavit dated November 7, <br />2011 that dedicates 6.1 shares of Larkin Ditch water (2 shares were already dedicated to this pit <br />in the augmentation plan approved in case no. 2005CW076) as replacement water solely for this <br />SWSP for as long as there are depletions at this gravel pit site or until such time as another <br />replacement source is obtained. A copy of the affidavit is attached to this letter. For the <br />purposes of this SWSP, this affidavit will be accepted for the dedication of the shares; however, <br />if the State Engineer determines that a different affidavit or dedication process is necessary to <br />assure proper dedication of the shares, additional information may be required prior to future <br />SWSP approvals. <br />Depletions <br />The anticipated net depletions for this plan are 27.29 acre -feet per year for up to 5.6 acres of <br />water surface exposed after December 31, 1980. The exposed ground water area during the period of <br />this SWSP will not exceed 5.6 acres based on 3.6 acres of the existing pond and not more than 2 acres <br />exposed in the dewatering trenches. According to the information submitted, no water surface was <br />exposed within the reclamation permit boundary prior to January 1, 1981. <br />You have provided a monthly breakdown of the annual depletions made up of 17.9 acre -feet of <br />evaporative loss, 2.5 acre -feet of water used and consumed for dust control, and 10.29 acre -feet of water <br />lost with the mined product (which represents 350,000 tons of mined product). A phreatophyte credit of <br />3.4 acre -feet has been applied to this plan, reducing the evaporative loss to 14.5 acre -feet per year. <br />The applicant received a decree in Case No. 2005CW76 on September 3, 2008 for an <br />underground water right, a change of water right and a plan for augmentation which provides for <br />augmentation of evaporation from the existing 3.6 -acre ground water pond. This decree describes the <br />post- mining augmentation at the DeBeque Pit for the existing 3.6 -acre groundwater pond, quantifies the <br />historical phreathophyte credit at the site and quantifies the historical consumptive use associated with <br />the 20.5 shares of Larkin Irrigation Company stock owned by Thomas F. and Ginger L. Latham (the <br />"Lathams ") <br />The IDS AWAS stream depletion model was used to determine the lagged depletions to the <br />Colorado River. The aquifer characteristics used in the model are based on the lagging parameters <br />decreed in Case No. 2005CW76 and they are: transmissivity (T) = 50,880 gallons per day per foot and <br />specific yield (SY) = 0.2, the distance of the exposed ground water to the stream =150 feet, and the <br />location of the parallel impermeable boundary was estimated to be 2,000 feet from the stream. The <br />lagged stream depletions for the period of this SWSP are estimated at 27.33 acre -feet for the period <br />May 2010 through April 2011 and 27.28 for the period of May 2011 through April 2012 (Table 1). <br />Replacement <br />Kirkland will make replacement for out of priority depletions affecting the Colorado River during <br />the historical call period from April 1 through October 31 of each year using 38.7 acre -feet of historical net <br />stream depletions during April through October from the dry-up of 19.1 acres of land historically irrigated <br />with 6.1 shares in the Larkin Ditch. Kirkland has entered into an agreement with the Lathams under <br />which additional historical consumptive use credit from Larkin Ditch will be dedicated to this SWSP. <br />