2012-07-03_HYDROLOGY - M1977023 - Laserfiche WebLink

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Mr. Peter Foster, P.E. 40 Wright Water Engineers, Inc. 1666 N. Main Avenue, Suite C Durango, CO 81602 Dear Mr. Foster: DEPARTMENT OF NATURAL RESOURCES Irv/ DIVISION OF WATER RESOURCES June 28, 2012 RE: Gunnison West ravel Pit, Substitute Water Supply Plan DRMS File No 1977 -023 Section 11, T49N, R1W, NM P.M. Water Division 4, Water District 28, Gunnison County Approved from January 1, 2012 through December 31, 2013 Contact Phone Number for Mr. Peter Foster: 970 - 259 -7411 John W. Hickenlooper Governor Mike King Executive Director Dick Wolfe, P.E. Director /State Engineer RECEIVED kJ 03 2012 Division of Reclamation, Mining & Safety This letter is in response to your letter of September 28, 2011 and the additional information received on March 10 and 16, 2012 requesting a substitute water supply plan ( "SWSP ") for a sand and gravel pit to be operated by United Companies, Inc. ( "United" or "Applicant ") in accordance with Section §37 -90- 137(11), C.R.S. The applicant shall be responsible for compliance with this plan, but the State Engineer's Office may also pursue the landowner for eventual compliance. The required fee of $257 for the substitute water supply plan has been paid (receipt number 3652436). Plan of Operation This plan describes the proposed water consumption for the period of January 2012 through December 2013. Gunnison West Gravel Pit is located in Section 11, Township 49 North, Range 1 West of the N.M. P.M. The depletions that result from the mining operation over the two -year period include evaporation from exposed ground water and dust suppression. According to the information provided this is a dry- mining operation that has been continuously dewatered to the river. The total exposed pond surface area at this site is 32 acres. The ultimate build out exposed surface area will encompass 112.2 acres on land historically irrigated by the Seventy -Five Ditch. Dry-up credits from historically irrigated lands inundated by the ponds will be used to offset the associated water depletions. According to the information from the SWSP request, a total of 14.8 acres of pond surface was exposed within the Gunnison West Pit reclamation permit boundary prior to January 1, 1981. Based on the Division 1 Water Court decision in case no. 2009CW49, the replacement of evaporative depletions is not required for ground water exposed to the atmosphere prior to January 1, 1981 through open mining of sand and gravel, regardless of whether open mining operations continued or were reactivated on or after that date. The Water Court effectively held that Senate Bill 120 of 1989, as amended in Senate Bill 93 -260, exempted all pre -1981 exposed ground water regardless of whether open mining operations continued or were reactivated on or after January 1, 1981. Accordingly, for the 32 acres (14.8 acres exposed prior to January 1, 1981 and 17.2 exposed after December 31, 1980) of ground water currently exposed at the Gunnison West Pit, replacement of evaporative depletions is only required from the 17.2 acres exposed after December 31, 1980. The area exposed prior to 1981 is shown on the attached Office of the State Engineer /7 D„S� 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303 - 866 -3581 • Fax: 303 - 866 -3589 www.water.state.co.us