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Mr•. Paul Bruss <br />October 28, 2015 <br />Page 3 of 6 <br />REPLACEMENTS <br />Valco will continue to utilize a combination of leased water and historical ditch credits to <br />make replacements to the river. A one-year lease dated August 1, 2015 was obtained to <br />provide replacement supplies during this approval period for 84 acre-feet from the Upper <br />Arkansas Water Conservancy District ("UAWCD"). Additionally, Valco owns 2 shares in the <br />Rocky Ford Ditch, which have been determined to yield 25.72 acre-feet per year of <br />consumptive use for the purposes of this plan and will be used to off -set depletions at this <br />pit. Lastly, Valco owns 26 shares of Canon City and Oil Creek ("CCEtOC") Ditch, which have <br />been determined to yield 38.34 acre-feet per year of consumptive use for the purposes of this <br />plan. According to the Canon City East Pit SWSP dated September 15, 2015, 17.31 acre-feet <br />of consumptive use credit from the 26 shares of CCEtOC Ditch will be used for replacement at <br />the Canon City East Pit from August 1, 2015 through July 31, 2016; therefore, there appears <br />to be 21.03 acre-feet of consumptive use credit available for use under this plan. <br />CONDITIONS OF APPROVAL <br />This SWSP is hereby approved pursuant to Section 37-90-137(11), C.R.S., subject to the <br />following conditions: <br />1. This SWSP shall be valid for the periods of August 1, 2015 through July 31, 2016, 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otherwise revoked, modified, or superseded by decree.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 (currently $257) no later than May 1, 2016. <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 <br />required by the Division Engineer in the form of an aerial photo evaluation or survey <br />by a Professional Land Surveyor during the plan year. <br />3. Any future renewal request must include evidence and/or documentation that on- <br />going progress has been made to come into compliance with the April 30, 2010 <br />letter from DRMS. Please note that any future renewal may not be approved <br />without this information. <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 />1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us <br />