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Upper Poudre Combined SWSP Page 7 of 10 <br /> June 18, 2014 <br /> 1. This plan is approved with the effective date of January 1, 2014 and shalt be valid through <br /> December 31, 2014 unless otherwise revoked or modified. If this plan will not be made <br /> absolute by a water court action by the plan's expiration date, a renewal request must be <br /> submitted to this office with the statutory fee (currently $257 for each mining site) no later <br /> than November 15, 2014. <br /> 2.1 Well permits have been obtained for the current use and exposed surface areas the three <br /> subject pits in accordance with 5 37-90-137(2) and (11), C.R.S. in conjunction with this plan. <br /> Failure to maintain valid well permits may cancel approval of this plan. <br /> 3. The total surface area of the ground water exposed after December 31, 1980 for each of the <br /> pits shalt not exceed those values listed in Table A of this approval. Should the total surface <br /> area exposed exceed those amounts, an amendment will need to be filed with this office. <br /> 4. The total amount of ground water to be appropriated from each of the pits shall not exceed <br /> the values listed in Table B of this approval. <br /> 5. Approval of this plan is for the purposes as stated herein. Any additional uses of this water <br /> must first be approved by this office. Any future additional historical consumptive use credit <br /> given (e.g., agricultural water transfer) for these sites must consider all previous credits <br /> given. <br /> 6. All releases of replacement water must be sufficient to cover all out-of-priority depletions in <br /> time, place, and amount and must be made under the direction and/or the approval of the <br /> water commissioner. The Applicant is required to notify the water commissioner any time <br /> deliveries are made to the 8.5-acre pond via the Taylor Et Gill Wasteway while the pond is <br /> not spilling into the Cache La Poudre River. <br /> 7. The release of replacement water may be aggregated to maximize beneficial use. The water <br /> commissioner and/or the division engineer shall determine the rate and timing of an <br /> aggregated release. <br /> 8. The replacement water that is the subject of this SWSP cannot be sold or leased to any other <br /> entity. As a condition of subsequent renewals of this SWSP, the replacement water must be <br /> appurtenant to this site until a plan for augmentation is obtained. A copy of this approval <br /> letter should be recorded with the county clerk and recorder. All replacement water must be <br /> concurrent with depletions in quantity, timing and locations. <br /> 9. The Applicant has proposed to use for augmentation water available from any other source <br /> legally available for augmentation and which can be provided in the amount, at the time, and <br /> at the location required to replace out of priority depletions from the nine wells. Additional <br /> sources of replacement water in this SWSP may only be used if the Applicant complies with <br /> the attached Administration Protocol "Use of Replacement Sources Not Specifically Identified <br /> in on SWSP or Augmentation Plan". <br /> 10. Applicant shall replace the net evaporative depletions from the exposed ground water surface <br /> area that may occur during the assumed ice covered period (January, February, and <br /> December 2014) for any time that the exposed ground water in the pit is not completely <br /> covered by ice. <br /> 11. 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 <br /> the division engineer and the water commissioner. <br /> 12. Adequate accounting of depletions and replacements must be provided to the division <br /> engineer in Greeley (DivlAccountinq@state.co.us) and the water commissioner (Mark Simpson <br />