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Ready Mix Concrete Substitute Water Supply Plan Page 6 of 9 <br /> October 26, 2022 <br /> Replacements <br /> The proposed source of replacement water for this SWSP is fully consumable water leased from the <br /> City of Aurora ("Aurora"). The Applicant provided a copy of the lease extension agreement with <br /> Aurora renewable through December 31, 2023 with the SWSP request, and a copy of the lease is <br /> attached to this letter. Water leased from Aurora would be released from the Robert W. Hite <br /> Treatment Facility (a.k.a. Metro Wastewater Treatment Plant (MWWTP)) (WDID 0200700) in the SW <br /> '/a of the SW '/a of Section 1, Township 3 South, Range 68 West of the 6th P.M. A transit loss of 0.5% <br /> per mile is currently assessed from April through October and a transit loss of 0.25% per mile is <br /> currently assessed during November through March for delivery of water down the South Platte <br /> River. Such transit losses are subject to modification by the Division Engineer. The MWWTP is located <br /> approximately 25 miles upstream of the confluence of the South Platte River and Big Dry Creek <br /> where the mining depletions will accrue to the river, therefore the total transit loss will be 12.5% <br /> during the irrigation season and 6.25% during the non-irrigation season. Replacement supplies from <br /> Aurora include transit loss, so all Morton Lakes and Holton Lakes depletions are fully replaced at <br /> the point of depletions through December 31, 2022 (Table 3, attached). <br /> The Applicant shall ensure that the replacement water makes it to the calling water right. The <br /> Division Engineer, or their 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 such <br /> 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 delivery <br /> past headgates which sweep the river requires the installation of a bypass structure or the use of <br /> an existing bypass structure by agreement with a third-party, Applicant is responsible for either <br /> installing a new bypass structure with a continuous recording measuring device(s) as approved by <br /> the Water Commissioner or securing an agreement with a third-party to use an existing bypass <br /> structure and providing such information and agreement to the Division Engineer. <br /> Conditions of Approval <br /> I hereby approve this proposed SWSP in accordance with section 37-90-137(11), C.R.S. subject to <br /> the following conditions: <br /> 1. This SWSP is approved with an effective date of January 1, 2022 and shall be valid through <br /> December 31, 2022 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 1, 2022. 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 $1,593 filing fee will apply. <br /> 2. Well permit no. 82252-F has been obtained for Stage 1, 2, 5, 6A, 613, 6C/6D, 7A and 7B of the <br /> Morton-Holton Lakes site and this permit remains valid. If mining of Stage 3B is proposed as part <br /> of any SWSP renewal a new well permit must be obtained for Stage 3B in accordance with 5 37- <br /> 90-137(2), C.R.S., and an approved SWSP prior to commencing mining of that area. Any <br /> application will be evaluated subsequent to approval of this SWSP. The provisions of 5 37-90- <br /> 137(2), C.R.S., prohibit the issuance of a permit for a well to be located within 600 feet of any <br /> existing well, unless the state engineer finds that circumstances so warrant after a hearing in <br /> accordance with the procedural rules in 2CCR402-5. The hearing will be waived if you are able <br /> to obtain statements from the owners of all wells within 600 feet, verifying that they have no <br /> objection to your use of the proposed well. <br />