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Mr: Paul Bruss, E.I. <br />March 18, 2015 <br />Page 3 of 5 <br />plan, from which the remaining portion not used for replacement water supplies at Valco's <br />Canon City East Pit will be used to off -set depletions at this pit. <br />CONDITIONS OF APPROVAL <br />This substitute water supply plan is hereby approved pursuant to Section 37 -90- 137(11), <br />C.R.S., subject to the following conditions: <br />1. This SWSP shall be valid for the periods of April 1, 2014 through July 31, 2015, unless <br />otherwise revoked, modified, or superseded by decree. Should an additional SWSP be <br />requested, such renewal request must be submitted to this office with the statutory <br />fee of $257 no later than May 1, 2015. <br />2. No more than 47.3 acres (29.9 acres of post -1981 exposure) of ground water may be <br />exposed at the Rocky Ford East Pit during this plan year without first obtaining an <br />amendment to the plan. The above acreage totals include any surface areas in ponds <br />to which de- watering water is delivered. Documentation of pond sizes may be required <br />by the Division Engineer in the form of an aerial photo evaluation or survey by a <br />Professional Land Surveyor during the plan year. <br />3. Any renewal request made for this SWSP must include an explanation and /or <br />documentation which explicitly identifies how the operator plans to mitigate <br />injurious stream depletions that result from mining- related exposure of post -1981 <br />ground water in accordance with the April 30, 2010 letter from DRMS. <br />4. Subject to approval by the Division Engineer, the Applicant may lease or purchase <br />additional replacement water from the sources approved in this plan. In addition, the <br />Applicant must also provide a copy of a lease /purchase agreement to the State <br />Engineer's Office and the Division Engineer for use of such additional replacement <br />water. <br />5. Approval of this SWSP is for the purposes stated herein. The State Engineer's Office <br />must first approve any additional uses for which the water may be used. The <br />replacement water, which is the subject of this SWSP, cannot be sold or leased to any <br />other entity during the term of this SWSP without prior approval of the Division <br />Engineer. <br />6. The Applicant shall provide daily accounting (including, but not limited to diversions, <br />depletions, replacement sources, and river calls) on a monthly basis. The accounting <br />must be emailed to the Water Commissioner (Lonnie. Saady@state.co.us) and to the <br />Division Engineer (e -mail to Augmentation. Coordinator@state.co.us), within 30 days of <br />the end of the month for which the accounting applies. Accounting and reporting <br />procedures are subject to approval and modification by the Division Engineer. <br />Accounting forms need to identify the WDID number for each well operating under this <br />SWSP. NOTE: Monthly accounting, even during the winter non - irrigation season, is <br />required. <br />4,OF C� O\ <br />1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state . co.us I H <br />* 1876 <br />