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25th Ave SWSP July 8, 2014 Conditions of Approval Page 5 of 7 I hereby approve the proposed substitute water supply plan in accordance with 5 37 -90- 137(11), C.R.S., subject to the following conditions: 1. This SWSP shall be valid for the period of June 1, 2014 through May 31, 2016, unless otherwise revoked, modified, or superseded by decree. 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) no later than April 1, 2016. 2. The proposed uses exceed those uses currently allowed under well permit no. 76246 -F, therefore a new well permit must be obtained for the current use and exposed surface area of the gravel pit in accordance with S37 -90- 137(2) and (11), C.R.S. in conjunction with this plan. 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 substitute supply plan may be cancelled. 3. The total surface area of the groundwater exposed at the 25th Ave Site after December 31, 1980 must not exceed 100 acres (the amount covered under the plan for augmentation decreed in case no. 1999CW231). Should the total surface area exposed exceed this amount, an amended SWSP must be filed with this office. 4. The annual amount of water used for dust control at the 25th Ave Site shall not exceed 1 acre -foot, and the total product mined at the 25th Ave Site shall not exceed 445,649 tons per year, which results in 6.56 acre -feet of water lost with the mined aggregate. All pumping for dust control shall be measured in a manner acceptable to the division engineer. 5. Total consumption at the 25th Ave Site must not exceed these aforementioned amounts unless an amendment is made to this plan. 6. Approval of this plan is for the purpose as stated herein. This office must first approve any additional uses for the water. 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. Adequate measuring devices acceptable to the water commissioner must be installed. 9. The replacement water that is the subject of this plan cannot be sold or leased to any other entity during the term of this approval. Dewatering accretions may not be used as replacement water outside of this SWSP. 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. A copy of this approval letter should be recorded with the County Clerk and Recorder. All replacement water must be concurrent with depletions in quantity, timing and location.