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Ms. Jennifer S. Lindahl Page 6 of 9 <br />June 28, 2018 <br />The Applicant shall ensure that the replacement water makes it to the calling water right. The <br />division engineer, or his designated representative, will administer all such water transported in <br />the South Platte River or its tributaries, including water for replacement of depletions, past <br />intervening headgates to ensure that such water is not intercepted or otherwise diminished in <br />quantity by diversion, use or other interference by intervening water rights and to assure that <br />such water remains available and suitable for Applicant’s uses under this plan, except when any <br />intervening headgate is diverting the entire flow of (“sweeping”) the river. In the event that <br />delivery past headgates which sweep the river requires the installation of a bypass structure or <br />the use of an existing bypass structure by agreement with a third-party, Applicant is responsible <br />for either installing a new bypass structure with a continuous recording measuring device(s) as <br />approved by the water commissioner or securing an agreement with a third-party to use an <br />existing bypass structure and providing such information and agreement to the division engineer. <br /> <br />Conditions of Approval <br /> <br />I hereby approve this proposed SWSP in accordance with § 37-90-137(11), C.R.S. subject to the <br />following conditions: <br /> <br />1. This amended SWSP is approved with an effective date of March 13, 2018 and shall be valid <br />through December 31, 2018 unless otherwise revoked. If this plan will not be made absolute by <br />a water court action by the plan’s expiration date, a renewal request must be submitted to <br />this office with the statutory fee (currently $257/DRMS permit) no later than November 1, <br />2018. <br />2. A well permit must be obtained for Morton-Holton Lakes site Stages 1, 2, 6A and 6B (since <br />the current exposed surface area will exceed the surface area currently allowed by well <br />permit nos. 80374-F issued for Stage 6A, 80826-F issued for Stage 6B, and 81607-F issued for <br />Stages 1 and 2) in accordance with Section § 37-90-137(2) and (11), C.R.S. in conjunction <br />with this plan. The provisions of § 37-90-137(2), C.R.S. prohibits the issuance of a permit for <br />a well to be located within 600 feet of any existing well, unless the State Engineer finds that <br />circumstances so warrant after a hearing held in accordance with the procedural rules in <br />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 <br />well. Should a new well permit be denied for reasons of 600 foot spacing, or any other <br />legitimate reason, approval of this SWSP will be cancelled. <br />3. Well permit nos. 80046-F and 81158-F have been obtained for Stage 3 and 4 of the Morton- <br />Holton Lakes site and these permits remain valid. <br />4. The total surface area of the groundwater exposed at the Morton-Holton Lakes site for the <br />remainder of this SWSP amendment must not exceed 13 acres for Stage 1, 14.0 acres for <br />Stage 2, 3.0 acres for Stage 6A, 5.0 acres for Stage 6B, 0.5 acres for Stage 3, and 1.0 acre for <br />Stage 4. Should the total surface area exposed exceed those amounts, an amendment <br />request shall be promptly filed with this office. <br />5. The water used for dust control at the Morton-Holton Lakes site for the remainder of this <br />SWSP amendment shall not exceed 1.2 acre-feet/month for March-July, 1.0 acre-foot/month <br />for August, 0.8 acre-feet/month for September-October, and 0.5 acre-feet/month for <br />November-December and the total product mined at the Morton-Holton Lakes site for the <br />remainder of this SWSP amendment shall not exceed 1,354,391 tons, which results in 19.9 <br />acre-feet of water lost with the mined aggregate. In addition the total amount associated