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Applicant: General Shale Brick, Inc. <br />Aquifer: Laramie -Fox Hills <br />Permit no.: 74957 -F <br />Page 2 <br />10. Withdrawal of groundwater from the aquifer underlying the land claimed by the applicant will <br />not, within one hundred years, deplete the flow of a natural stream at an annual rate greater <br />than one -tenth of one percent of the annual rate of withdrawal and therefore the ground <br />water is nontributary ground water as defined in C.R.S. 37 -90- 103(10.5). <br />11. In considering whether the requested permit shall be approved the provisions of C.R.S. <br />37 -90- 137(4) and the Denver Basin Rules shall apply. Withdrawals shall be allowed on the <br />basis of an aquifer's life of 100 years, C.R.S. 37- 90- 137(4)(b)(1). <br />12. The quantity of water in the aquifer, exclusive of artificial recharge, underlying the 40.6 acres <br />of land described in Exhibit A which is underlain by the Laramie -Fox Hills aquifer is 1,218 <br />acre -feet. This determination was based on the following as specified in the Denver Basin <br />Rules and site specific information: <br />a. The average specific yield of the saturated aquifer materials underlying the land under <br />consideration is 15 percent. <br />b. The average thickness of the saturated aquifer materials underlying the land under <br />consideration is 200 feet. <br />13. A review of the records in the State Engineer's office has not disclosed that there are any <br />existing wells or other water rights claiming or diverting ground water from the aquifer <br />underlying the land claimed by the applicant. <br />Based on the above, the State Engineer finds that there is water available for withdrawal by <br />the proposed clay mine well and no material injury to vested water rights would result from the <br />issuance of the requested permit subject to the following conditions: <br />a. The allowed average annual amount of water to be withdrawn from the aquifer by the <br />clay mine well shall not exceed 12.2 acre -feet (the quantity of water which is considered <br />available divided by the 100 year aquifer life). <br />b. The clay mine well owner shall install a totalizing flow meter so as to measure any <br />pumping from this clay mine well and maintain the meter in good working order. Permanent <br />records of all diversions from the clay mine well, and the surface area of ground water <br />exposure must be maintained by the well owner (recorded at least annually) and submitted <br />to the water commissioner upon request. <br />c. Production is limited to the Laramie -Fox Hills Aquifer. <br />d. Pursuant to C.R.S. 37- 90- 137(9)(b) and the Denver Basin Rules, no more than 98% of <br />the nontributary ground water withdrawn annually shall be consumed and the applicant <br />shall demonstrate to the reasonable satisfaction of the State Engineer that no more than <br />98% of the water withdrawn will be consumed. <br />e. The owner shall mark the clay mine well in a conspicuous place with appropriate well <br />permit numbers, name of the aquifer, and court case numbers. He shall take necessary <br />means and precautions to preserve these markings. <br />