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Nelson Mining Resources SWSP <br /> November 29, 2023 <br /> Page 4 of 6 <br /> lagged depletions from operation of the mining operation have been replaced. In addition, the <br /> Applicant must demonstrate that the existing lease was extended beyond April 18, 2021 and the <br /> water rights, once changed, will be adequate to replace all anticipated depletions from the site. <br /> Conditions of Approval <br /> I hereby approve the proposed substitute water supply plan in accordance with 937-90- <br /> 137(11), C.R.S. subject to the following conditions: <br /> 1. This SWSP shall be valid for the period of November 1, 2023 through October 31, 2024, unless <br /> otherwise revoked or superseded by a decree. If this plan will not be made absolute by a <br /> water court action by the plan's expiration date, a renewal request must be submitted to <br /> this office with the statutory fee (currently $257) by September 1, 2024. If a renewal <br /> request is received after the expiration date of this plan, it will be considered a request for <br /> a new SWSP and the $1593 filing fee will apply. <br /> 2. Well permit no. 76171-F was obtained for the current use and exposed water surface area <br /> of the gravel pit in accordance with § 37-90-137(2) and (11), C.R.S. <br /> 3. The total surface area of the groundwater exposed at the Nelson Pit site must not exceed <br /> 3.88 acres, which results in a maximum annual evaporative loss of 9.83 acre-feet. <br /> 4. The annual water used for dust control at the Nelson Mining Resources site shall not exceed <br /> 1.74 acre-feet and the total product mined at the Nelson Mining Resources site shall not <br /> exceed 250,000 tons per year, which results in 7.37 acre-feet of water lost with the mined <br /> aggregate. <br /> 5. Total consumption at the Nelson Pit site must not exceed these aforementioned amounts <br /> unless an amendment is made to this plan. <br /> 6. 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 this site must consider all previous credits given. <br /> 7. As part of any renewal of this SWSP the Applicant must specify the proposed replacement <br /> source that will be used to replace all lagged depletions that result from operation under <br /> this SWSP, including those that extend beyond the approval period of the SWSP. If the <br /> intent is to obtain a short term lease for such future replacement water an executed lease <br /> for depletions that extend beyond the SWSP approval period is not required, however the <br /> Applicant must demonstrate that there is a reasonable likelihood that such a lease could <br /> be obtained. <br /> 8. The Applicant shall provide daily accounting (including, but not limited to diversions, <br /> depletions, replacement sources, and river calls) on a monthly basis. The accounting must <br /> be uploaded to the CDSS Online Reporting Tool within 30 days of the end of the month for <br /> which the accounting applies (https://dwr.state.co.us/Tools/reporting). Instructions for <br /> using the tool are available on the Division of Water Resources website on the "Services" —> <br /> "Data & Information" page under the heading of "Online Data Submittal". Accounting and <br /> reporting procedures are subject to approval and modification by the division engineer. <br /> Accounting forms need to identify the WDID number for each structure operating under this <br /> SWSP. NOTE: Monthly accounting, even during the winter non-irrigation season, is <br /> required. <br /> In addition, the Applicant shall verify that the City of Longmont ("Longmont") has submitted <br /> a report to the Division Engineer that includes an accounting of all replacement water <br />