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Dan Mathes <br /> June 28, 2019 <br /> Page 3 of 5 <br /> REPLACEMENT <br /> During April 2019 through March 2020, 12.08 acre-feet of fully consumable replacement <br /> credits from the Arkansas Groundwater Users Association ("AGUA") available pursuant to a <br /> 1-year lease (April 1, 2019 - March 31, 2020), 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 others, to <br /> AGUA's Excelsior Recharge Ponds located immediately west of Chico Creek. The lease <br /> provides that AGUA will deliver up to 12.08 acre-feet to the Arkansas River by means of <br /> recharge ponds on the Excelsior Ditch. The attached Table 2 shows the proposed monthly <br /> replacement schedule for the 2019 - 2020 plan year. Projected post plan depletions will be <br /> replaced with 2.49 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, 2019 through March 31, 2020, unless <br /> otherwise revoked or superseded by decree. If this SWSP will not be made absolute by <br /> a water court action by the plan's expiration date, a renewal request must be <br /> submitted to this office and the Division 2 office (please copy Kathy Trask at <br /> Kathy.Trask(Pstate.co.us and Bethany Arnold at hethanv.arnold@state.co.us) with the <br /> statutory fee (currently $257) no later than January 2, 2020. <br /> 2. According to the renewal request, the long term plan for the site is to <br /> construct reservoir liners adequate to prevent the infiltration of tributary <br /> groundwater. Fremont Paving currently holds a bond in the amount of $3,274,361.00 <br /> for reclamation at the site. <br /> 3. Active mining or dust control shall not occur at the site under this SWSP. Should <br /> the operator desire to resume mining or provide water for dust control at the site, a <br /> new SWSP must be obtained. <br /> 4. The mined cell must be maintained in a de-watered state to the extent that <br /> the exposed water surface area does not exceed a total of 3.5 acres including all <br /> ponds, collection areas, dewatering trenches, and return trenches. If the actual water <br /> surface exposure exceeds 3.5 acres, the additional evaporative depletion must be <br /> accounted for and replaced under a new SWSP obtained by the Applicant. <br /> 5. The consumption associated with this mining operation is limited to <br /> evaporation not to exceed a total of 12.08 acre-feet in lagged depletions during the <br /> 2019 - 2020 plan year. <br /> 6. AGUA/Stonewall Springs agree to replace out-of-priority depletions to senior <br /> surface water rights in Colorado and depletions to usable Stateline flows occurring <br /> after the expiration date of the plan (March 31, 2020) that are caused by diversions of <br /> ground water during the life of the SWSP <br />