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ANNE J. CASTLE TELECOPIER(206)343.8669
(303) 295-8229 August 15, 1985
Mr. Michael S. Mullen
Weld County Planning Department
915 Tenth Street
Greeley, Colorado 80631
RE : Milton G. Waldbaum Company Egg Production Facility
in Hudson, Colorado
Dear Mr. Mullen:
In connection with the Weld County Comissioner' s approval
in December, 1984 of the Waldbaum Company' s rezoning applica-
tion for an expansion of its egg production, processing, and
shipping facility, a substitute water supply plan was approved.
by Jeris Danielson, the Colorado State Engineer. Because the
Waldbaum Company was in the process of obtaining approval
through the Water Court of a change in use for its shallow
tributary well, Permit No. 7289R, the State Engineer approved
in the interim a water supply plan which called for utilization
of water from the Waldbaum Company' s deep nontributary well,
Permit No. 26948F-A, and a temporary limit of 480, 000 on the
number of chickens in the egg production operation.
The Waldbaum Company has since constructed new facilities
at its Hudson property which use considerably less water for
the same number of chickens than did the old facilities.
Detailed information on the consumptive use of water in the new
facilities has been provided to the State Engineer' s office,
which has determined that the increased efficiency in the use
of water justifies an increase in the temporary limit on the
number of chickens which may be housed at the facility prior to
the entry of a decree for change in use of the tributary well .
I am enclosing a copy of Dr. Danielson' s letter which increases
the interim limit on the number of chickens from 480, 000 to
600, 000. Based upon this approval, the Waldbaum Company
intends to house up to 600, 000 chickens at its newly con-
structed facilities .
HOLLAND & HART
Mr. Michael S . Mullen
August 15, 1985
Page 2
The Waldbaum Company' s change of use proceeding with the
Water Court is in progress and we hope to obtain a final decree
in the near future. I will let you know as soon as such a
decree has been entered, at which time all restrictions on the
number of chickens housed at the Waldbaum Company' s Hudson
operation should be lifted and full expansion to 750, 000 can be
completed.
Please feel free to contact me should you have any ques-
tions.
Sincerely,
' `) /7-) V ,
Anne J/' Castle
for HOLLAND & HART
AJC/bdf
Encl .
cc : Mr. Daniel W. Gardner
Mr. Donald Paulsen
Mr. Eugene J. Ebner
Gregory W. Searson, Esq.
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RICHARD D. LAMM 9
r � JERIS A. DANIELSON
Governor I Il : - State Engineer
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OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street-Room 818
Denver, Colorado 80203
(303) 866-3581
August 8, 1985 �j, ti ,11��,5i, L}
\L ±6 1985
Ms. Anne J. Castle, Attorney
Holland
o n 1 l adx 87ar
& tP. Weld�0.�a�nln� Lti m�ssiuo
Denver, CO 80201
RE: Substitute Water Supply Plan for
Milton G. Waldbaum Company
Dear Ms. Castle :
This letter is in response to your request that I approve a revision in
the number of chickens allowed under the substitute water supply plan that I
signed on January 29, 1985. The approved substitute water supply plan, among
other things, states that the egg production operation can have no greater
than 480,000 chickens unless I give my approval to further growth, and the
applicant is required to submit an application for a decree seeking approval
of a change in use by the Water Court.
In your letter you state that your client has filed an application for a
change of use in the Water Court in February, 1985 (Case No. 85CW050) . You
also state that you expect to file a proposed decree to the Water Referee
within the next two weeks.
Since the original request made by the Waldbaum Company, they have devel-
oped new data on the amount of water required for the egg production opera-
tion. The new data indicates that a maximum of 60 gallons of water per day is
needed for L000 chickens in the new structures that are currently being
constructed. Based on this data, it is estimated that 600,000 chickens will
only require 40.33 acre-feet of water annually. The other existing uses of
water involve the in-building domestic use of approximately 25 employees in
the commercial office buiding and water used in egg washing and processing.
These uses are projected to be 1 .34 acre-feet on an annual basis for the egg
processing operation and 1 .40 acre-feet for the domestic uses of the 25
employees. The projected water use under the proposed expansion totals 43.07
acre-feet (40.33 + 1 .34 + 1 .40) . This usage is under the currently allowed
amount of 52 acre-feet annually under Permit No. 26948-F-A.
Ms. Anne J. Castle, Attorney Page 2
August 8, 1985
Based upon these projections, I feel I can give my approval to an
expanded operation of up to no more than 600,000 chickens. All other condi-
tions of the original substitute supply plan will continue. This approval ,
along with my original approval , shall remain in full force and effect for a
period of one year from the original date of approval , which is February 1 ,
1986.
Sincerely,
dt,
Jeris D nielson
State Engineer
JAD/DS:cf/5223H
cc: James R. Clark, Division Engineer
Robert Samples, Water Commissioner
Steve Lautenschlager
Tom Cech, Central Conservancy
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