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Ms. Jennifer S. Lindahl Page 6 of 9 <br />December 3, 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 SWSP is approved with an effective date of January 1, 2019 and shall be valid through <br />December 31, 2019 unless otherwise revoked or superseded by a decree. If this plan will not be <br />made absolute by a water court action by the plan’s expiration date, a renewal request must <br />be submitted to this office with the statutory fee (currently $257/DRMS permit) no later than <br />November 15, 2019. If a renewal request is received after the expiration date of this plan, it <br />will be considered a request for a new SWSP and the $1593 filing fee will apply. <br />2. Well permit no. 82252-F has been obtained for Stage 1, 2, 6A, 6B and 6C/6D of the Morton- <br />Holton Lakes site and this permit remains valid. Well permit nos. 80046-F and 81158-F have <br />been obtained for Stage 3 and 4 of the Morton-Holton Lakes site and these permits remain <br />valid. <br />3. The total surface area of the groundwater exposed at the Morton-Holton Lakes site must not <br />exceed 13 acres for Stage 1, 14 acres for Stage 2, 1 acre for Stage 6A, 4 acres for Stage 6B, 1 <br />acre for Stage 3, 1.0 acre for Stage 4, and 6 acres for Stage 6C/6D. Should the total surface <br />area exposed exceed those amounts, an amendment request shall be promptly filed with this <br />office. <br />4. The water used for dust control at the Morton-Holton Lakes site shall not exceed 14.4 acre- <br />feet and the total product mined at the Morton-Holton Lakes shall not exceed 2,023,580 <br />tons, which results in 29.8 acre-feet of water washed the mined aggregate. In addition the <br />total amount associated with the additional fill of Stage 2 shall not exceed 175 acre-feet, <br />and the total amount used for slurry wall construction shall not exceed 15.3 acre-feet. <br />5. Total consumption at the Morton-Holton Lakes site must not exceed these aforementioned <br />amounts unless an amendment is made to this SWSP. <br />6. Approval of this SWSP is for the purposes as stated herein. This office must first approve any <br />additional uses for the water. <br />7. All pumping for dust control shall be measured in a manner acceptable to the division <br />engineer. <br />8. The replacement water that is the subject of this SWSP cannot be sold or leased to any other <br />entity. As a condition of subsequent renewals of this SWSP, the replacement water must be