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Dan Mathes <br /> September 20, 2018 <br /> Page 3 of 5 <br /> Based on the lagging described above and as shown in Tables 1-4, attached, lagged stream <br /> depletions occurring during this SWSP plan year were determined to total 32.69 acre-feet. <br /> REPLACEMENT <br /> During April 2017 through March 2019, 32.69 acre-feet of fully consumable replacement <br /> credits from the Arkansas Groundwater Users Association ("AGUA") available pursuant to a <br /> 2-year lease (April 1, 2017 - March 31, 2019), will be provided to cover mining depletions. <br /> The credits will be generated through the delivery of fully consumable water available to <br /> AGUA from the Board of Water Works of Pueblo, from the City of Aurora, or from the Pueblo <br /> West Metropolitan District, to AGUA's Excelsior Recharge Ponds located immediately west of <br /> Chico Creek. The lease provides that AGUA will deliver up to 32.69 acre-feet to the Arkansas <br /> River by means of recharge ponds on the Excelsior Ditch. The attached Table 2 shows the <br /> proposed monthly replacement schedule for the 2018 - 2019 plan year. Projected post plan <br /> depletions will be replaced with 11.86 acre-feet of fully consumable water from AGUA. <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. The current SWSP shall be valid April 1, 2018 through March 31, 2019, unless otherwise <br /> revoked or superseded by decree. If this SWSP will not be made absolute by a water court <br /> action by the plan's expiration date, a renewal request must be submitted to this office <br /> and the Division 2 office (please copy Kathy Trask at Kathy,TraskEstate.co,us) with the <br /> statutory fee (currently $257) no later than January 2, 2019. <br /> 2. According to the renewal request, the long term plan for the site is to construct reservoir <br /> liners adequate to prevent the infiltration of tributary ground water. Fremont Paving <br /> currently holds a bond in the amount of$2,095,000.00 for reclamation at the 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 and slurry <br /> wall construction not to exceed a total of 32.69 acre-feet in lagged depletions during the <br /> 2018 - 2019 plan year. <br /> 6. AGUA/Stonewall Springs agree to replace out-of-priority depletions to senior surface <br /> water rights in Colorado and depletions to usable Statetine flows occurring after the <br />