2012-03-02_HYDROLOGY - M1998014

• Permit No: M1998014
• IBM Index Class Name: Hydrology
• Doc Date: 3/2/2012
• Doc Name: SUBSTITUTE WATER SUPPLY PLAN
• From: DWR
• To: APPLEGATE GROUP
• Email Name: DMC
• Media Type: D
• Archive: No

Gypsum Ranch Pit SWSP Page 3 of 5
February 29, 2012
Section 25, Township 2 North, Range 81 West of the 6 P.M. and it was decreed by the Division 5
Water Court in Case Nos. 87CW283, 95CW281 and 98CW237. The point of replacement is at the
confluence of Muddy Creek and the Colorado River on the border of Section 18 and 19, Township
1 North, Range 80 West of the 6 P.M.
There is one water right located in the reach of the Eagle River between Gypsum Ranch Pit
and the confluence with the Colorado River that maybe impacted during drought periods. The
Colorado Water Conservation Board ( "CWCB ") has an in- stream flow right on the Eagle River from
its confluence with Brush Creek to its confluence with the Colorado River for 130 cfs from May
through September and 50 cfs from October through April. It is reported by the Water
Commissioner, Mr. Bill McEwen, that during 2002, a call was placed to satisfy the 130 cfs in-
stream flow right. A more recent call was placed on the Eagle River from August 31 through
September 30, 2010 to satisfy this right. Mr. McEwen also indicated the only time the flow in the
Eagle River is expected to potentially drop near the in- stream flow requirement is in late July,
August, or September. In the event of a call on the Eagle River, Lafarge will cease diversions for
their expanded mining activities and revert back to their decreed water uses in Case No.
2002CW211. Lafarge also has an existing lease for 3.0 acre -feet of Eagle River water from
CRWCD, which can be used to make replacements in an event of a CWCB call. In the event a
water right call is placed on the Eagle River downstream of the Gypsum Ranch Pit, Lafarge
must cease all out -of- priority diversions under this SWSP unless replacement water is
delivered to the calling reach in the amount needed to replace all out -of- priority depletions.
According to the decree in Case No. 2002CW211, The Gypsum Ranch Pit will be reclaimed
as a re- vegetated area when Lafarge has completed mining. The C M Stremme and Gates Ditch
water will be used on the re- vegetated area. Lafarge or its successors will be responsible for
reclaiming the site in coordination with the landowner, according to the information from the
Division of Reclamation Mining and Safety ( "DRMS ") permit. Lafarge has a bond with the DRMS
for $446,143 in the unlikely event of abandonment of the mine. The attached Table 2 shows the
projected delivery schedule for the increased lease and indicates that the amended contract
combined with the other replacement sources, are sufficient to replace all depletions from the
Gypsum Ranch Pit.
Conditions of Approval
This substitute water supply plan is hereby approved pursuant to § 37 -92- 308(5), C.R.S.,
subject to the following conditions:
1. This SWSP shall be valid for the period of March 1, 2012 through February 28, 2013,
unless otherwise revoked, modified, or superseded by decree. Should an additional SWSP
be requested, the provisions of § 37- 92- 308(5)(b), C.R.S., shall apply. The statutory fee of
$300 will be required pursuant to § 37 -92- 308(8), C.R.S.
2. In accordance with § 37 -92- 308(5), C.R.S., this SWSP cannot be renewed or approved for
more than five years.
3. Approval of this SWSP is for the purposes stated herein (additional water use for aggregate
production and dust control at the site). Additional diversion structures and /or additional
uses for the water that is the subject of this SWSP will be allowed only if a new SWSP is
approved for those additional structures /uses. Should a new SWSP be requested, the