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k/s, ~ ~, <br />/~ ~/ ~ ~'o - D 9~ <br />STATE OF COLORADO <br />OFFICE OF THE STATE ENGINEER <br />Division of Wa[er Resources <br />Department of Natural Resources <br />1313 Sherman Stree4 Room 818 <br />Denver, Colorado 80203 <br />Phone (303) 866-3581 <br />FAX (303) 866-3589 June 21, 2005 <br />vvww.water.state.co. us <br />RECEIVED <br />Donald E. Frick <br />Applegate Group, Inc. JUN 21 2005 <br />1499 West 120"' Avenue, Suite 200 <br />Denver, CO 80234-2728 / Division of Minerals and Geology <br />Re: Perry Pit Substitute Water Supply Plan, M-90-098 <br />Section 25, TIN R67W, 6`h P. M. <br />Water Division 1, Water District 2 <br />Dear Mr. Frick: <br />oF'coto <br />,~`~ A <br />He '(~ <br />0 <br />.. <br />• M <br />~ 18'16 } <br />Bill pwens <br />Governor <br />Russell George <br />Executive Direc[or <br />Hal D. Simpson, P.E. <br />State Engineer <br />We have received your request of February 8, 2005 and payment of $217 for the renewal <br />of the referenced substitute water supply plan that expired December 31, 2004. <br />The substitute supply plan accounts for a variable amount of exposed lake surface that <br />increases from 6.6 acres in April 1998 to an anticipated 16 acres in December 2005. The entire <br />lake surface was first exposed after December 31, 1980. Consumptive use of water at the <br />property consists of evaporation from the pond surface area and water lost in product as shown <br />in the attached table entitled Glover Analysis Input. No water is needed for dust suppression <br />associated with the wet mining operation. The delayed impacts to the river are determined <br />using a Stream Depletion Factor of 30 days. We agree with the calculations in this table. <br />The ultimate plan for the source of replacement water is recharge ponds that will be <br />operated through an agreement with the Brighton Ditch Company. The recharge ponds, or <br />sumps, were used to recharge water during 1998 and 1999 using water diverted when there <br />was no call on the river. The accretions to the river that resulted from the recharge were <br />calculated using a Stream Depletion Factor of 280 days. Those accretions are shown in the <br />attached table entitled Stream Depletion Analysis Using Stream Depletion Factors, dated <br />February 2, 2005. We agree with the calculations in this table.. <br />Currently, the recharge ponds are not being utilized pending a final agreement with the <br />Brighton Ditch Company. Until the agreement is finalized reusable effluent will be leased from <br />Consolidated Mutual Water Company {Consolidated) and the St. Vrain Left Hand Water <br />Conservancy District (Left Hand). Water leased from Consolidated, in the amount of 34.72 <br />acre-feet, will be used to replace depletions during the months of April 2005 through October <br />2005. Of the 34.72 acre-feet of lease water from Consolidated, approximately 3.02 acre-feet <br />will cover transit losses {9.5% based on 0.5% per mile for 19 miles). Water leased from Left <br />Hand, in the amount of 11.69 acre-feet, will be used to replace depletions during the months of <br />January 2005 through March 2005 and November 2005 through December 2005. <br />I hereby approve this substitute water supply plan, in accordance with Section 37-90- <br />137(11), C.R.S., subject to the following conditions: <br />