2013-04-16_HYDROLOGY - M1978056

• Permit No: M1978056
• IBM Index Class Name: HYDROLOGY
• Doc Date: 4/16/2013
• Doc Name: SWSP
• From: OSE
• To: Cheryl Signs Engineering
• Permit Index Doc Type: Hydrology Report
• Media Type: D
• Archive: No

Cheryl Signs, P.E.
Durham Combined SWSP
April 15, 2013
Page 5
is stored in the 112 and Dakolios Reservoirs. The Rural Ditch Company four shares were historically
used to irrigate 158.9 acres on the 112- parcel site and these shares were used in the previous plans.
Consumptive use credits from the 4 shares of the Rural Ditch that are not used to replace depletions
during the irrigation season will be stored in the 112 Reservoir and subsequently released to replace
non - irrigation season depletions. An application for a change of water right (to allow the applicant's
Rural Ditch shares to be used in addition to irrigation for augmentation, replacement, exchange,
commercial, industrial, recreational, piscatorial, wildlife propagation and storage) and approval of a plan
for augmentation was filed with the Water Court in Case No. 2003CW306. The historical consumptive
use of the four shares of the Rural Ditch water averages 265.50 acre -feet per year. Excess
consumptive use credits from the four shares of Rural Ditch stored in the 112 Reservoir will also be
released to replace non - irrigation season depletions for the Durham Pit and Everist's Lohmann Pit,
Rinn Valley Pit, Firestone Pit, Fort Lupton Pit and Lupton Meadows Pit.
The monthly depletions and replacement requirements are found on the attached Table II.
Long Term Augmentation
In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division of
Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel mining operators must comply with the
requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the protection
of water resources. The April 30, 2010 letter from DRMS requires that you provide information to
DRMS to demonstrate you can replace long term injurious stream depletions that result from mining
related exposure of ground water. The DRMS letter identifies four approaches to satisfy this
requirement. The 4 approach requires documentation to identify what water rights or other permanent
water source will be dedicated to the SWSP to assure that all permanent depletions from either an
unforeseen abandonment of the site by the Applicant or as a result of long term ground water exposure
after completion of mining and reclamation will be replaced so as to prevent injury to other water rights
In accordance with approach no. 4, you have provided an affidavit dated November 1, 2010 that
dedicates the Applicant's 5 shares of Greeley Irrigation Company, 4 shares of Rural Ditch Company
and portion of water rights decreed in case no. 2001 CW274, as replacement water solely for the
Durham Pit site, Kurtz Pit site (M- 1999 -006), Heintzelman Mine site (M- 2009 -018) and Western Sugar
Mine site (M- 2010 -049), for as long as there are depletions at these gravel pit sites or until such time as
another replacement sources are obtained. A copy of the affidavit is attached to this letter. For the
purposes of this SWSP, this affidavit will be accepted for the dedication of the shares; however, if the
State Engineer determines that a different affidavit or dedication process is necessary to assure proper
dedication of the shares, additional information may be required prior to future SWSP approvals.
Conditions of Approval
I hereby approve the proposed amended substitute water supply plan in accordance with C.R.S.
§ 37 -90- 137(11), subject to the following conditions:
1. This SWSP is approved with the effective date of January 1, 2013 and shall be valid through
December 31, 2014 unless otherwise revoked or modified. If this SWSP will not be made absolute by
a water court action by the SWSP's expiration date, a renewal request must be submitted to this office
with the statutory fee (currently $257 per gravel pit site) no later than November 15, 2014.
2. Well permit no. 61773 -F, was obtained for the current use and exposed pond surface area of the
Durham gravel pit in accordance with §37 -90- 137(2) and (11), C.R.S. Well permit no. 76867 -F was
obtained for the Feit Well in use at the Durham Pit in accordance with §37 -90- 137(2), C.R.S., for
concrete batching and drinking and sanitary uses.
3. A well permit must be issued for the Western Sugar Pit and the Dakolios Pit in accordance with § 37-
90- 137(2) and (11), C.R.S. prior to the exposure or use of groundwater. Until a gravel pit well permit is