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Cheryl Signs, P.E. Page 11 <br /> Durham Combined SWSP <br /> August 12, 2014 <br /> Conditions of Approval <br /> I hereby approve the proposed amended substitute water supply plan in accordance with C.R.S. <br /> § 37-90-137(11), subject to the following conditions: <br /> 1. This amended SWSP is approved with the effective date of January 1, 2013 and shall be valid <br /> through December 31, 2014 unless otherwise revoked or modified. If this SWSP will not be made <br /> absolute by a water court action by the SWSP's expiration date, a renewal request must be submitted <br /> to this office with the statutory fee (currently $257 per gravel pit site) no later than November 15, <br /> 2014. <br /> 2. Well permit no. 61773-F, was obtained for the current use and exposed pond surface area of the <br /> Durham gravel pit and well permit no. 75865-F was obtained for the Western Sugar Pit in <br /> accordance with §37-90-137(2) and (11), C.R.S. <br /> 3. A well permit must be issued for the Feit Well in accordance with § 37-90-137(2)for the expansion of <br /> use sought in this amended plan and the Dakolios Pit in accordance with § 37-90-137(2) and (11), <br /> C.R.S. prior to the exposure or use of groundwater. The provisions of§ 37-90-137(2), C.R.S., prohibit <br /> the issuance of a permit for a well to be located within 600 feet of any existing well, unless the State <br /> Engineer finds that circumstances so warrant after a hearing held in accordance with the procedural <br /> rules in 2CCR402-5. This hearing may be waived if you are able to obtain statements from the owners <br /> of all wells within 600 feet, verifying that they have no objection to your use of the proposed well. <br /> Should a new well permit be denied for reasons of 600 foot spacing, or any other legitimate reason, <br /> approval of this SWSP will be cancelled. <br /> 4. The total surface area of the groundwater exposed after December 31, 1980 must not exceed 15.0 <br /> acres at the Durham Pit, which results in a maximum evaporative annual loss at the Durham Pit of <br /> 37.84 acre-feet. The total surface area of groundwater exposed must not exceed 1.0 acre at the <br /> Dakolios Pit, which results in a maximum evaporative annual loss of 2.55 acre-feet. The total surface <br /> area of groundwater exposed must not exceed 10 acres, which results in a maximum evaporative <br /> annual loss of 25.22 acre-feet. <br /> 5. The total area of pond surface exposed for each of the pits shall not exceed those values listed in <br /> Table A of this approval. Should the total surface area exposed exceed those amounts, an <br /> amendment request shall be promptly filed with this office. <br /> 6. The total amount of ground water to be appropriated from each of the pits shall not exceed the <br /> values listed in Table C of this approval. <br /> 7. Total consumption at the Durham, Dakolios, and Western Sugar Pits must not exceed these <br /> aforementioned amounts unless an amendment is made to this SWSP. <br /> 8. Approval of this SWSP is for the purposes as stated herein. This office must first approve any <br /> additional uses for the water. Any future additional historical consumptive use credit given (e.g., <br /> agricultural water transfer)for this site must consider all previous credits given. <br /> 9. All pumping for dust control shall be measured in a manner acceptable to the division engineer. <br /> 10. The water attributable to 5 shares of the Greeley Canal No. 3 and Fossil Creek Reservoir must <br /> continue to be diverted in priority at the ditch and reservoir then measured back to the Cache La <br /> Poudre River in the vicinity of the Durham Pit. Adequate measuring devices acceptable to the water <br /> commissioner must be installed. <br /> 11. The Applicant is required to maintain the historical return flow obligations that are associated with <br /> the use of the five shares of Greeley Canal No. 3, five shares of the Last Chance Ditch, 12 shares <br />