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1 <br />DEPARTMENT OF NATURAL RESOURCES <br />0 ! DIVISION OF WATER RESOURCES <br />yr. Jared Dains <br />Applegate Group, Inc. <br />1499 West 120 Avenue, Suite 200 <br />Denver, CO 80234 -2759 <br />April 10, 2013 <br />Re: Gypsum Ranch, Pit, Substitute Water Supply Plan <br />DRMS File No.'M- 1998 -014 <br />N1 /2 Section 3 and the NE1 /4 Section 4, T5S, R85W, 6 PM <br />Water Division 5, Water District 37 <br />Approval Period: March 1, 2013 to February 28, 2014 <br />Contact Phone Number for Mr. Dains: 303 - 452 -6611 <br />Dear Mr. Dains: <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Dick Wolfe, P.E. <br />Director /State Engineer <br />R CEJVED <br />`R 1 2013 <br />Division of Reclamation, <br />Mining & Safety <br />We have reviewed your letter dated January 15, 2013 and the additional information <br />submitted on March 18, 2013 in which you requested approval of a substitute water supply plan <br />( "SWSP ") pursuant to § 37 -92- 308(5), C.R.S., for the replacement of stream depletions <br />associated with the expansion of use at Gypsum Ranch Pit, operated by Lafarge West, Inc. <br />( "Lafarge ") in Eagle County. An application for approval of a plan for augmentation has not <br />been filed with the water court and the depletions associated with the proposed water uses will <br />not exceed five years, therefore this request has been submitted pursuant to § 37 -92- 308(5), <br />C.R.S. Notice was sent to all parties who have subscribed to the SWSP notification list for <br />Water Division 5. That notice was sent on January 15, 2013 and the State Engineer's Office <br />( "SEO ") did not receive any comments during the statutory 35 -day comment period. The $300 <br />filing fee has been received (receipt no. 3658465). <br />SWSP Operations <br />The Gypsum Ranch Pit is located in the N' /2 of Section 3 and the NE 'A of Section 4, <br />Township 5 South, Range 85 West of the 6 P.M. in Eagle County. Groundwater is not <br />exposed at this site. The Gypsum Ranch Pit is currently operated pursuant to a plan for <br />augmentation decreed in Division 5 Water Court Case No. 2002CW211. This SWSP has been <br />requested to allow Lafarge to expand mining and water uses beyond the decreed amounts <br />outlined in Case No. 2002CW211. Lafarge will continue to operate the augmentation plan <br />decreed in Case No. 2002CW211 and this SWSP will replace out -of- priority depletions resulting <br />from the expanded mining operations only. <br />The existing water supply for the mining operation at this site is provided by a direct <br />diversion from the Eagle River known as the Gypsum Ranch Pipeline. The augmentation plan <br />decreed in Case No. 2002CW211 utilizes historical consumptive use credits from the dry-up of <br />15 acres of the C M Stremme and Gates Ditch to augment irrigation season depletions. The <br />depletions during the non - irrigation season are being replaced by two 40 -year leases with the <br />/Office of the State Engineer <br />1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303 - 866 -3581 • Fax: 303 - 866 -3589 <br />www.water.state.co.us <br />