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Ms. Angela Aldred <br />November 25, 2015 <br />Page 3 of 5 <br />agreed to provide 2.90 acre-feet of fully consumable recharge credits from its Excelsior <br />Recharge Ponds during the period of April 2016 through March 2017 if needed." <br />The State and Division Engineers have reviewed the plan and the adequacy of each source of <br />water provided for use as augmentation water, including, where necessary, the historical <br />consumptive use of each water right, and return flows from diversion of waters imported into <br />the Arkansas River Basin or other fully consumable waters proposed for use as augmentation <br />water. <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 current plan shall be valid April 1, 2015 through March 31, 2016, unless otherwise <br />revoked or modified. Should an additional SWSP be requested, such renewal request must <br />be submitted to this office and the Division 2 office (please copy Kathy Trask at <br />Kathy.Trask@state.co.us) with the statutory fee (currently $257) no later than January 2, <br />2016. <br />2. In accordance with the letter dated April 30, 2010 from the DRMS and as requested <br />herein, explanation and/or documentation must be provided with the next SWSP renewal <br />request which demonstrates that a financial warranty sufficient to cover the cost of <br />installing a clay liner or slurry wall that meets the Division of Water Resources <br />requirements for preventing ground water exposure has been filed specifically for Phase (- <br />Parcel 4 of the mine site. <br />3. As requested herein, explanation and/or documentation must be provided the next SWSP <br />renewal request for the distance to stream and the distance to no -flow boundary <br />parameters utilized in the Glover lagging analysis. <br />4. Active mining or dust control shall not occur at the site under this SWSP. Should the <br />operator desire to resume mining or provide water for dust control at the site, a new <br />SWSP must be obtained. <br />5. The mined cell must be maintained in a de -watered state to the extent that the exposed <br />water surface area does not exceed a total of 3.5 acres including all ponds, collection areas, <br />dewatering trenches, and return trenches. If the actual water surface exposure exceeds 3.5 <br />acres, the additional evaporative depletion must be accounted for and replaced under a new <br />SWSP obtained by the Applicant. <br />6. The consumption associated with this mining operation is limited to evaporation not to <br />exceed a total of 9.18 acre-feet in lagged depletions during the 2015 - 2016 plan year. <br />7. AGUA/Stonewall Springs agree to replace out -of -priority depletions to senior surface water <br />rights in Colorado and depletions to usable Stateline flows occurring after the expiration <br />date of the plan (March 31, 2016) that are caused by diversions of ground water during the <br />1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us 1 <br />