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Mr. Jared Dains Page 4 <br />East Rigden Pit Substitute Water Supply Plan (M -79 -097) <br />March 19, 2014 <br />Conditions of Approval <br />I hereby approve the proposed substitute water supply plan in accordance with §37 -90- 137(11), <br />C.R.S., subject to the following conditions: <br />1. This SWSP shall be valid for the period of March 1, 2014 through February 28, 2015, unless <br />otherwise revoked, modified, or superseded by decree. If this plan will not be made absolute by a <br />water court action by the plan's expiration date, a renewal request must be submitted to this office <br />with the statutory fee (currently $257) no later than January 1, 2015. <br />2. A well permit was obtained for the current use and exposed pond surface area of the gravel pit, <br />permit no. 76136 -F in accordance with Section §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 3.0 acres, resulting <br />in 6.80 acre -feet of evaporative loss. In addition the total surface area of the groundwater exposed <br />at this site prior to January 1, 1981 shall not exceed 25 acres. <br />4. Total consumptive use of the mining operation shall not exceed 13.81 acre -feet for dust control <br />and reclamation irrigation and 220.96 acre -feet for embankment and liner construction. All <br />pumping for dust control purposes shall be measured in a manner acceptable to the division <br />engineer. <br />5. Total consumption at the East Rigden Pit (Fort Collins Parcel) must not exceed these <br />aforementioned amounts unless an amendment is made to this plan. <br />6. Approval of this plan is for the purposes as stated herein. Any additional uses for which the water <br />may be used will be allowed only if a new SWSP is approved for those additional uses. <br />7. 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 use. <br />The water commissioner and /or the division engineer shall determine the rate and timing of an <br />aggregated release. The Applicant is required to coordinate with the water commissioner the <br />delivery location of replacement water to ensure out -of- priority depletions are adequately replaced <br />to prevent injury to other water rights. Conveyance loss for delivery of augmentation water is <br />subject to assessment and modification as determined by the water commissioner or division <br />engineer. <br />8. The replacement water that is the subject of this plan cannot be sold or leased to any other entity. As <br />a condition of subsequent renewals of this substitute water supply plan, the replacement water must <br />be appurtenant to this site until a plan for augmentation is obtained. A copy of this approval letter <br />should be recorded with the county clerk and recorder. All replacement water must be concurrent with <br />depletions in quantity, timing, and location. <br />9. The name, address, and phone number of the contact person who will be responsible for the <br />operation and accounting of this plan must be provided on the accounting forms submitted to the <br />division engineer and the water commissioner. <br />10. Adequate accounting of depletions and replacements must be provided to the division engineer in <br />Greeley (Div1AccountingCaD-state.co.us) and the water commissioner (Mark. Simpson(a--)state.co.us) <br />