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Mr. Mark McLean, P.E. <br /> April 20, 2016 <br /> Page 3 of 5 <br /> from the Board of Water Works of Pueblo, from the City of Aurora, or from the Pueblo West <br /> Metropolitan District, to AGUA's Excelsior Recharge Ponds located immediately west of Chico <br /> Creek. The lease provides that AGUA will deliver up to 15 acre-feet to the Arkansas River by <br /> means of recharge ponds on the Excelsior Ditch. Attached Table 3 shows the proposed <br /> monthly replacement schedule for the 2016 - 2017 plan year. Projected post plan depletions <br /> will be replaced with 2.56 acre-feet of fully consumable water from AGUA. According to the <br /> renewal request, "AGUA has agreed to provide 2.56 acre-feet of fully consumable recharge <br /> credits from its Excelsior Recharge Ponds during the period of April, 2017 through March, 2018 <br /> 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, 2016 through March 31, 2017, 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 /> 2017. <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 the financial warranty in the amount of $2,095,000.00 is <br /> sufficient to cover the cost of installing a clay liner or slurry wall that meets the Division <br /> of Water Resources requirements for preventing ground water exposure for Phase I-Parcel <br /> 4 of the mine site. <br /> 3. 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 /> 4. 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 <br /> areas, dewatering trenches, and return trenches. If the actual water surface exposure <br /> exceeds 3.5 acres, the additional evaporative depletion must be accounted for and <br /> replaced under a new SWSP obtained by the Applicant. <br /> 5. The consumption associated with this mining operation is limited to evaporation not to <br /> exceed a total of 12.05 acre-feet in lagged depletions during the 2016 - 2017 plan year. <br /> /OF•CO� <br /> ti <br /> 1313 Sherman Street, Room 821, Denver,CO 80203 P 303.866.3581 F 303.866.3589 www.water,state.co.us <br /> John W. Hickenlooper,Governor I Robert Randall, Interim Executive Director I! <br /> *� <br /> l876 <br />