2014-01-24_PERMIT FILE - C2010089 (5)

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Mr. Wayne I. Schieldt June 21, 2012 Page 5 of 7 fee of $300 will be required pursuant to § 37 -92- 308(8), C.R.S. Any request for an additional SWSP must be submitted to this office no later than March 1, 2013. 2. Approval of this SWSP is for the purposes stated herein and diversions are limited to the structures identified in this SWSP. Additional diversion structures and /or additional uses for the water that is the subject of this SWSP will be allowed only if a new SWSP is approved for those additional wells /uses and such additional wells /uses are identified in case no. 2010CW197. Should a new SWSP be requested, the provisions of § 37- 92- 308(4)(b), C.R.S., shall apply. The statutory fee of $300 will be required pursuant to § 37 -92- 308(8), C.R.S. 3. Well permit, no. 41456 -F, was issued for Pond 7. A new well permit must be obtained for Pond 12 before any groundwater is exposed in this pond, in accordance with § 37 -90- 137(2), C.R.S. in conjunction with this SWSP. The provisions of Colorado Revised Statute 37 -90- 137(2) prohibits the issuance of a permit for a well to be located within 600 feet of any existing well, unless the State Engineer finds that circumstances so warrant after a hearing held in accordance with the procedural rules in 2CCR402 -5. This hearing may be waived if you are able to obtain statements from the owners of all wells within 600 feet, verifying that they have no objection to your use of the proposed well. Should a new well permit be denied for reasons of 600 foot spacing, or any other legitimate reason, approval of this SWSP may be cancelled. 4. The name, address, and phone number of a contact person who will be responsible for the operation and accounting of this plan must be provided to the Division Engineer (Bob Hurford, P.O. Box 456, Montrose, CO 81402, telephone 970 - 249 - 6622), and the Water Commissioner (Aaron Todd, P.O. Box 456, Montrose, CO 81402, telephone 970 - 327 -4118) within 20 days of the receipt of this approval. 5. All diversions shall be measured in a manner acceptable to the division engineer. The Applicant shall install and maintain measuring devices as required by the division engineer for operation of this SWSP. 6. The Applicant must submit accounting reports to the Division Engineer (Bob Hurford, P.O. Box 456, Montrose, CO 81402, telephone 970 - 249 -6622) and Water Commissioner (Aaron Todd, P.O. Box 456, Montrose, CO 81402, telephone 970 - 327 -4118) on a monthly basis or other -4 interval acceptable to both of them. The Applicant shall also provide an annual report to the -' 'division engineer and water commissioner by November 15 th , which summarizes diversions r and replacements made pursuant to this SWSP. Accounting forms are subject to modification and approval by the division engineer. Flow rates shall be reported in cfs, volumes shall be reported in acre -feet. 7. The exchange to Tuttle Draw described in this SWSP may only occur to the extent that there is a continuous live stream between the exchange from and exchange to points and to the extent this exchange can be operated without injury to intervening water rights. This exchange may only be operated with the prior approval of the water commissioner or division engineer. The Applicant is required to obtain approval of this exchange from the water commissioner or division engineer on a daily basis or other interval approved by the water commissioner or division engineer. 8. The Applicant shall perform an inspection and provide verification for all parcels of dried up land used to generate augmentation credits during the term of this SWSP. The final verification of dry up will be in the form of an affidavit signed by an individual having personal knowledge of the dry up for the entire irrigation season for each parcel of land used in this SWSP. The Applicant shall provide a written notification to the water commissioner and division engineer by April 1, 2013 identifying the lands that will be dried up for the 2013