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C/~ Y "' <br /> <br />OFFICE OF THE STATE ENGINEER <br />Division of Water Resources <br />Department of Natural Resources <br />1313 Sherman Street, Room 818 <br />Denver, Colorado 80203 <br />Phone (303) 866-3581 <br />FAX (303) 866-3589 <br />http:/Avww.water. state.co.us <br />Ms. Michelle Austin / <br />Applegate Group, Inc. / <br />1499 West 120th Avenue, Suite 200 <br />Denver, Colorado 80234-2759 <br />STATE OF COLORADO <br />March 14, 2007 <br />RECENED <br />~AR 2 6 200T <br />of `O<o <br />F~' .~R~ <br />r"; <br />~ta~' + <br />• /B]e ~ <br />Bill Ritter, Jr. <br />Governor <br />RE: Substitute Water Supply Plan, Feit Pit, DRMS-M-77-522 <br />Section 26, T6N, R66W, 6th P.M. <br />Water Division 7, Water District 3, Weld County <br />Approval Period: November 1, 2006 through October 31, 2007 <br />Contact Phone Number for Ms. Michelle Austin: 303-452-6611 <br />Dear Ms. Austin: <br />Diviswn of Reclamation, <br />Mining and Safety <br />Hams D. Sherman <br />Executive Director <br />Hal D. Simpson, P.E. <br />State Engineer <br />We have reviewed your letter of September 21, 2006 requesting renewal of the above referenced <br />substitute water supply plan for an existing sand and gravel operation. The required fee of $257.00 for the <br />renewal of this substitute supply plan has been submitted. The original supply plan was approved on August 8, <br />2000 and it was most recently approved in a letter dated November 18, 2005. <br />The anticipated net depletion for this plan is 45.5 acre-feet per year. The total surface area of the <br />groundwater exposed at the site equals 35.8 acres. According to the information submitted, 29.7 acres of <br />ground water was exposed after December 31, 1980 and 6.1 acres of surface was exposed within the <br />reclamation permit boundary prior to January 1, 1981. The Feit Pit is being dewatered from April though <br />October to allow dry mining thus reducing the exposed surface area to 9.6 acres. The location of the <br />dewatering pumps is within 100 feet from the Cache La Poudre River. Accordingly, the evaporative depletions <br />from April through October were calculated to an exposed surface area of 9.6 acres and were determined to <br />be 23.1 acre-feet with depletions assumed to be instantaneous. The pit is allowed to fill from November <br />through March. The evaporative depletions from November through March were determined to be 15.4 acre- <br />feetand those depletions are also assumed to hit the river instantaneously. <br />You have provided a monthly breakdown of the annual depletions totaling 38.5 acre-feet of <br />evaporative loss, 0.8 acre-feet of water used and consumed for dust control, 2.9 acre-feet of water lost with <br />100,000 tons of mined product, 3.1 acre-feet of water used in concrete production, and 0.11 acre-feet of <br />water used for drinking and sanitary purposes. The water used for drinking and sanitary purposes is to be <br />withdrawn from well permit no. 57724-F. No phreatophyte credit has been applied to this plan. <br />The sources of replacement water to be used for this plan are 25.34 acre-feet of historical stream <br />depletions (with anon-irrigation season return flow obligation of 3.92 acre-feet) from the dry-up of lands <br />historically irrigated with applicant's 2.8125 shares of Greeley Canal #3. A portion of the Greeley Canal <br />#3 was changed in Division 1 Water Court case no. 96CW658. This case found that the 519.7 shares <br />have been used to irrigate 3,501 acres with an average historical consumptive use of 5,358 acre-feet per <br />year (resulting in an average consumptive use credit of 10.3 acre-feet per share or 1.53 acre-feet per <br />acre). The 2.8125 shares of the Greeley Canal #3 will provide 21.4 acre-feet (25.34 acre-feet of <br />