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Aggregate Industries South Platte Combined SWSP June 1, 2021 <br /> Plan IDs 3614, 4773, 3624, 4772, 4616, 3437, 3376, 3650, 3668, 5475, 5829, 8t 6090 Page 18 of 23 <br /> Conditions of Approval <br /> I hereby approve this substitute water supply plan, in accordance with section 37-90-137(11), <br /> C.R.S., subject to the following conditions: <br /> 1. This SWSP shall be valid for the period of January 1, 2021 through December 31, 2021, unless <br /> otherwise revoked or superseded by decree. Should a request for renewal of this plan be <br /> needed, such renewal request must be submitted to this office with the statutory fee <br /> (currently $257 per pit) no later than November 1, 2021. If a renewal request is received <br /> after the expiration date of this plan, it may be considered a request for a new SWSP in <br /> which case the filing fee for a new SWSP will apply (currently $1,157 per pit). <br /> 2. Well permits have been obtained for the current use and exposed groundwater surface area of <br /> each gravel pit in accordance with sections 37-90-137(2) and (11), C.R.S., as identified in <br /> Table A of this approval, with the exception of the Fredstrom Pit . A gravel pit well permit <br /> application for the Fredstrom Pit was submitted to this office and is currently pending under <br /> receipt no. 3691674, subject to the resolution of a hearing scheduled to be held before the <br /> Hearing Officer in case no. 19SE01. <br /> 3. The total area of groundwater surface exposed after December 31, 1980 for each of the pits <br /> shall not exceed those values listed in Table A of this approval. Should the total surface area <br /> exposed exceed those amounts, an amendment will need to be filed with this office. <br /> 4. The total amount of groundwater to be consumed at each of the pits shall not exceed the <br /> values listed in Table C of this approval. Total consumption at each pit must not exceed <br /> these amounts unless an amendment is made to this plan. <br /> 5. Approval of this plan is for the purposes as stated herein. This office must first approve any <br /> additional uses for the water. Any future additional historic consumptive use credit given <br /> (e.g., agricultural water transfer) for these sites must consider all previous credits given. <br /> 6. All releases of replacement water must be sufficient to cover all out-of-priority depletions in <br /> time, place, and amount and must be made under the direction and/or the approval of the <br /> water commissioner(s). If approved prior, the release of replacement water may be <br /> aggregated to maximize beneficial use. The water commissioner(s) and/or the division <br /> engineer shall determine the rate and timing of an aggregated release. <br /> 7. Conveyance loss for delivery of replacement water is subject to assessment and modification <br /> as determined by the division engineer. The distance for assessment of conveyance loss will <br /> be based upon DWR stream miles or as approved by the Water Commissioner, and will be <br /> assessed from the point of release to the point of depletion/replacement. <br /> 8. The replacement water, which is the subject of this plan cannot be sold or leased to any <br /> other entity unless prior approval is obtained from the state or division engineer. As a <br /> condition of subsequent renewals of this substitute water supply plan, the replacement water <br /> must be appurtenant to these sites until a plan or plans for augmentation are obtained. All <br /> replacement water must be concurrent with depletions in quantity, timing, and locations. <br /> According to affidavits dated February 29, 2012 and April 23, 2019, the Applicant dedicated <br /> the 13.5 shares of the Whitney Ditch Company, 96 shares of the Fulton Irrigating Ditch <br /> Company, and 5/12" interest in the Zweck >t Turner Ditch as replacement water solely for <br /> this SWSP for as long as there are depletions at these gravel pit sites or until such time as <br /> another replacement source is obtained. For the purposes of this SWSP, these affidavits will <br /> be accepted for the dedication of the shares; however, if the State Engineer determines that <br />