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STATE OF COLORADO <br />OFFICE OF THE STATE ENGINEER <br />Division of Water Resources <br />Department of Natural Resources <br />7 313 Sherman Street, Room 878 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3581 <br />FAX: (303) 866-3589 <br />http://waterstate.co.us/defau It.htm <br />Mr. Richard T. Raines <br />Applegate Group, Inc. <br />1499 W. 120th Ave., Suite 200 <br />Denver, CO 80234-2728 <br /> pF Cp~p <br /> <br />RECEIVED ~~ <br />~ <br />0 <br />y` 9° <br /> . <br />. <br />AUG 01 ~ *} <br />''e°6 ` <br /> Bill Owens <br />Division of Minerals and Geolog cOVefn°r <br />y <br />July 30, 2002 <br /> Greg E. Walther <br /> Executive Director <br /> Hal D. Simpson, P.E. <br /> State Engineer <br />Re: Substitute Water Supply Plan, Lyons Proje M-74-015 ections 20, 21, 22, 27 & 28, T3N, R70W, <br />6th P.M., Water Division 1, Water District 5, Bou er County <br />Dear Mr. Raines: <br />This letter is in response to your application for a substitute water supply plan for a sand and gravel pit to be <br />operated by Lafarge West, Inc. (previously known as Western Mobile Inc.), in accordance with Section §37-80- <br />120, C.R.S. The Applicants shall be responsible for compliance with this plan, however the State Engineer's <br />Office may also pursue the landowner for eventual compliance. The required fee of $1,343 for the substitute <br />water supply plan has been submitted. <br />The anticipated net depletion for this plan is 27.9 acre-feet per year for up to 0.8 acres of water surface exposed <br />after December 31, 1980 from a dewatering trench and settling pond. According to the information submitted, no <br />water surface was exposed within the reclamation permit boundary prior to January 1, 1981. <br />You have provided a monthly breakdown of the annual depletions including 1.9 acre-feet of evaporative loss, 4.0 <br />acre-feet of water used and consumed for dust control, and 22.1 acre-feet of water lost with the mined product. <br />No phreatophyte credit has been applied to this plan. <br />The proposed source of replacement water for this pit is based on the dry-up of lands historically irrigated with <br />half of Applicant's 12.5 percent share of the Smead Ditch. The annual historic consumptive use credit (net <br />stream depletions) associated with half of Applicant's 12.5 percent share of the Smead Ditch used to irrigate <br />33.5 acres on the Bullock property is estimated as 45.8 acre-feet. (Resulting in a unit consumptive use credit of <br />1.37 acre-feet/acre.) The plan includes storage of excess irrigation season consumptive use credits in the lined <br />reservoir, Rockin WP Lake No. 4 (decreed in case no. 88CW074), for release during the non-irrigation season. <br />The monthly lagged depletions and the replacement requirements are found on the attached table. <br />As required by Senate Bill 89-120 in Section 8, this substitute water supply plan has been provided to an outside <br />consultant for review. The consultant has recommended approval of the plan by wayof this letter. Based upon <br />statutory requirements and the recommendations of the consultant, I hereby approve the proposed substitute <br />water supply plan in accordance with §37-80-120, C.R.S. subject to the following conditions: <br />A well permit must be obtained for the gravel pit in accordance with §37-90-137(2) and (11), C.R.S. <br />prior to exposure or use of ground water. The provisions of Colorado Revised Statute 37-90-137(2) <br />prohibits the issuance of a permit for a well to be location within 600 feet of any existing well, unless <br />the State Engineer finds that circumstances so warrant after a hearing held in accordance with the <br />procedural rules in 2CCR402-5. This hearing may be waived if you are able to obtain statements from <br />the owners of all wells within 600 feet, verifying that they have no objection to your use of the proposed <br />well. Should a new well permit be denied for reasons of 600 foot spacing, or any other legitimate <br />reason, approval of this substitute supply plan will be cancelled. Application receipt no. 476371 was <br />submitted on May 15, 2001 and is pending final review and approval of this plan. <br />