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East 8th Street Pit SWSP <br />October 18, 2013 <br />Page 3 of 5 <br />Conditions of Approval <br />I hereby approve this substitute water supply plan, in accordance with § 37 -90- 137(11), C.R.S., <br />subject to the following conditions: <br />1. This SWSP shall be valid for the period of November 1, 2013 through October 31, 2014, unless <br />otherwise revoked, modified, or superseded by decree. If this plan will not be made absolute by <br />a water court action by the plan's expiration date, a renewal request must be submitted to this <br />office with the statutory fee (currently $257) prior to the expiration date but no later than August <br />1, 2014. <br />2. Well permit no. 63551 -F was obtained for the current use and exposed water surface area of <br />the gravel pit in accordance with § 37 -90- 137(2) and (11), C.R.S. <br />3. The total surface area of the groundwater exposed at the site must not exceed one (1) acre, <br />which results in a maximum evaporative annual loss of 2.93 acre -feet. <br />4. The annual amount of water used for dust control at the East 8th Street Pit shall not exceed 1.38 <br />acre -feet and the total product mined at the site shall not exceed 276,000 tons per year, which <br />results in 4.06 acre -feet of water lost with the mined aggregate. All pumping for dust control <br />shall be measured in a manner acceptable to the division engineer. <br />5. Total consumption at the East 8th Street Pit must not exceed these aforementioned amounts <br />unless an amendment is made to this plan. <br />6. Approval of this plan is for the purposes as stated herein. This office must first approve any <br />additional uses for the water. <br />7. The replacement water that is the subject of this plan cannot be sold or leased to any other <br />entity. As a condition of subsequent renewals of this substitute water supply plan, the <br />replacement water must be appurtenant to this site until a plan for augmentation is obtained. <br />8. All releases of replacement water must be sufficient to cover all out -of- priority depletions in time, <br />place, and amount and must be made under the direction and /or the approval of the water <br />commissioner. The release of replacement water may be aggregated to maximize beneficial <br />use. The water commissioner and /or the division engineer shall determine the rate and timing <br />of an aggregated release. <br />9. Conveyance loss for delivery of augmentation water is subject to assessment and modification <br />as determined by the water commissioner or division engineer. <br />10. Adequate accounting of depletions and replacements must be provided to the division engineer <br />in Greeley (DivlAccounting(a'-)state.co.us) and the water commissioner (Mark Simpson at <br />Mark. SimpsonCa-),state. co. us) on a monthly basis or other interval acceptable to both of them. <br />Submitted accounting shall conform to the Administration Protocol `Augmentation Plan <br />Accounting, Division One — South Platte Basin" (attached). <br />In addition, it is the applicant's responsibility to verify that the entities making replacements are <br />identifying this use on their accounting submitted to our office. For the period of this plan, that entity <br />is City of Greeley (WDID 0303330 - GLIC Accounting). <br />11. The name, mailing address, and phone number of the contact person who will be responsible <br />for operation and accounting of this plan must be provided on the accounting forms to the <br />division engineer and water commissioner. <br />12. The approval of this SWSP does not relieve the Applicant and /or landowner of the requirement <br />to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to <br />ensure the permanent replacement of all depletions, including long -term evaporation losses and <br />