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<br />r <br /> <br />Ms. Jamie Wilkins Page 2 <br />Fulton lakes Pit Substitute Supply Plen. M•99.034 <br />November 12, 1999 <br />recommendations of the consultant, f hereby approve she proposed substitute water supply <br />plan in accordance with x37.80.120, C,R.S. subject to the following Conditions: <br />1. A well permit must be Issued far the gravel pit in accordance with 537-90- <br />137(2) and i11J, C.R.S. The gravel pit well permit application received on <br />April 9, 1999 was returned on April 21, 1999, to be held until this substitute <br />supply plan was approved and the terms end conditions of this letter are <br />accepted. Once this application is resubmitted to this office, the application <br />will be evaluated pursuant 1o s[atUte. <br />2. The total eurfaCe Brea of the groundwater exposed after Decemoer 31, 1980 <br />must not exceed 15 acres, the annual water used for dust. control shall not <br />exceed 2.0 acre-feet, and the ;oral product mined shall not axcaeo a total of <br />1,600,000 tons per year. Should the total consumption at the pit exceed <br />these amounts prior to the explratibn dote of this plan, an amendment will <br />need to be filed with this office. <br />3. In accordance with amendments to 525-a-20217), C.R.S., and Senate Bill 89- <br />181 Rules and Regulations adopted on February 4, 1992. the State Engineer <br />shall determine if ins substitute supply is of a quality to meet requirements of <br />use to which the senior appropriation receiving the substituted supply has <br />normally been put. As such, water quality data or analysis may be requested <br />_ at any time to determine if the requirements of use of the senror apprapriatcr <br />are met. <br />4. Approval of this plan is for the purpose es staled herein. Any additional uses <br />far which the water may be used must first be approved by this office. Any <br />tutus addluonal historic consumptive use credit given fe.g, agnculturel water <br />transfer) for this site must consider all previous credits given. <br />6. Tha replacement water which is the subject of tnis plan cannot be sold or <br />leased to any other entity. As a canditlon of subsequent renewals of this <br />substitute water supply plan, the replacement water must be appurtenant to <br />this site until a plan for augmentatlan Is obtained. A Copy at this approval <br />letter should he retarded with the county clerk and recorder. All replacement <br />water must be concurrent with depletions m quantity, timing and locations. <br />6. The amount and location of the dry-up of the angered acreage a55ociated wish <br />the use o' the Fulton Oitch ~JVater must be documented and approved by the <br />Division Engineer prior to renewal of this plan. A map and legal description of <br />the dry-up must ba submitted to xhe Water Commissioner, Division Engineer <br />and she State Engineer by October 31, 2000. <br />7. The water attributable to 29 shams of the Fulton Ditch must continue to be <br />diverted In-priority at the ditch then measured back to the South Platte River in <br />