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Mr. Frank Healy Page 2 <br />May 21, 2012 <br />Depletions <br />The total water surface area for the two ponds at the site is presently 10.61 acres (Figure 2). <br />For the purpose of this SWSP, you determined the evaporation from the 10.61 acres to be 42.65 <br />acre -feet, based on a net annual evaporation of 4.02 feet from the Lower Arkansas Water <br />Management Association's ( "LAWMA ") decree in Case No. 2002CW181. The gravel pit is located <br />about 300 feet north of the Arkansas River. A Glover analysis was used to estimate the timing of <br />stream depletions. A stream depletion factor of 7.5 days was taken from "Stream Depletion Factors, <br />Arkansas River Valley, Southeastern Colorado" by C.T. Jenkins and O. James Taylor (USGS OFR <br />72 -192). Steady state conditions were assumed and the monthly water uses estimates from Table 1 <br />(attached) were used. <br />Replacement <br />All -Rite leased fully consumable water from AGUA and will use this leased water as the <br />source of replacement water during the period of this SWSP. A copy of the current lease for 40 <br />acre -feet for the period ending March 31, 2012 was provided with the SWSP request and is <br />attached to this letter. All -Rite will renew the lease with AGUA for 43 acre -feet for the period of April <br />1, 2012 through March 31, 2013. A copy of the new lease with AGUA must be provided to this office <br />by June 4, 2012 in order for this SWSP to remain valid. <br />Accounting <br />The attached Table 2 is the monthly accounting form that will be used for determining water <br />use and stream depletions. All -Rite will submit the monthly pit area, product mined, and diversions <br />from the pit for dust suppression to AGUA, which will then submit the monthly water accounting to <br />the Division Engineer. <br />Conditions of Approval <br />I hereby approve the proposed substitute water supply plan in accordance with § 37 -90 -137 <br />(11), C.R.S., subject to the following conditions: <br />1. Except as noted in condition no. 2 below, this SWSP is approved with the effective date <br />of January 1, 2012 and shall be valid through December 31, 2012 unless otherwise revoked <br />or modified. If this plan will not be made absolute by a water court action by the plan's <br />expiration date, a renewal request must be submitted to this office with the statutory fee <br />(currently $257) no later than November 15, 2012. <br />2. The Applicant shall provide a copy of the lease with the AGUA by March 31, 2012 for <br />the fully consumable replacement water to replace depletions from the operation of <br />this gravel pit site. The Applicant shall provide a copy of the lease to the SEO, division <br />engineer, and water commissioner. If a lease is not provided by June 4, 2012, this plan <br />shall expire on that date and all use of water under this SWSP must cease <br />immediately. <br />3. The total surface area of the ground water at the North River Pit site must not exceed 10.61 <br />acres during the SWSP period which results in a maximum evaporative annual loss of 42.65 <br />acre -feet. <br />4. Total consumption at the North River Pit site must not exceed the aforementioned amounts <br />unless an amendment is made to this SWSP. <br />