2013-10-22_HYDROLOGY - M1987049 - Laserfiche WebLink

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Julia Keedy RMCC Combined SWSP October 21, 2013 Conditions of Approval Page 6 of 9 I hereby approve this SWSP amendment in accordance with §37 -90- 137(11), C.R.S., subject to the original terms and conditions except where changed below. For simplicity all terms and conditions are listed below: This amendment is approved with an effective date of August 1, 2013 and shall be valid through December 31, 2013 unless otherwise revoked or modified. The plan may be extended through December 31, 2014 if a copy of the lease renewal is submitted to the State Engineer's Office prior to December 31, 2013. If this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee (currently $257 /pit) for each gravel pit no later than October 15, 2013, or three months prior to the SWSP expiration if the SWSP approval period is extended. 2. Well permit no. 767111 -F was approved for the current use and exposed pond surface area of the Bromley Lakes site in accordance with §37 -90- 137(2) and (11), C.R.S. 3. The total area of pond surface exposed for each of the pits shall not exceed those values listed in Tables 1A & 1 B of this approval. Should the total surface area exposed exceed those amounts, an amendment will need to be filed with this office. 4. The total product mined at the Bromley Lakes site shall not exceed the amount listed in Tables 1A & 1 B of this approval, which results in 44.1 acre -feet of water lost with the mined product through July 2014. 5. Total consumption at the Bromley Lakes site and North Tower Pit must not exceed the amounts listed in Tables 1A & 1 B of this approval unless an amendment is made to this plan. 6. Approval of this plan is for the purposes as stated herein. Any additional uses of this water must first be approved by this office. Any future additional historic consumptive use credit given (e.g., agricultural water transfer) for this site must consider all previous credits given. 7. All releases of replacement water must be sufficient to cover all out -of- priority depletions in time, place, and amount and must be made under the direction and /or the approval of the water commissioner. The release of replacement water may be aggregated to maximize beneficial use. The water commissioner and /or the division engineer shall determine the rate and timing of an aggregated release. 8. The replacement water, which is the subject of this plan cannot be sold or leased to any other entity. As a condition of subsequent renewals of this substitute water supply plan, the replacement water must be appurtenant to this site until a plan for augmentation is obtained. All replacement water must be concurrent with depletions in quantity, timing, and locations. According to an affidavit dated August 4, 2010, the Applicant dedicated 70 shares of the Fulton Ditch as replacement water solely to this SWSP and any subsequent SWSPs, for as long as there are depletions at these gravel pit sites or until such time as another replacement source is obtained. For the purposes of this SWSP, this affidavit will be accepted for the dedication of the shares; however, if the State Engineer determines that a different affidavit or dedication process is necessary to assure proper dedication of the shares, additional information may be required prior to future SWSP approvals.