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Mr. Forrest Leaf, P.E. Page 3 <br />November 10, 2003 <br />Additionally a lease agreement of 48 acre-feet with Central Colorado Water Conservancy <br />District (Central) that exchanges available winter water for summer excess Whitney Ditch <br />irrigation season credits water will be provided as a replacement source for this plan during <br />times when there is a downstream call. <br />The monthly depletions and replacement requirements are found on the attached table. <br />As required by Section 8 of Senate Bill 89-120, this substitute water supply plan has been <br />provided to an outside consultant for review. The consultant has recommended approval of the <br />plan by way of a draft of this letter. Based upon statutory requirements and the recommendations <br />of the consultant, I hereby approve the proposed substitute water supply plan in accordance with <br />Section §37-90-137(11), C.R.S., subject to the following conditions: <br />1. This plan shall be valid through January 31, 2005 unless otherwise revoked or modified. <br />This date represents the end of the lease agreement with Central. <br />2. If this plan will not be made absolute by a water court action by the plan's expiration <br />date, a renewal request must be submitted to this office with the statutory fee of $217 <br />for each DMG site no later than December 15, 2004. <br />3. A well permit must be obtained for each of the gravel pits in accordance with §37-90- <br />137(2) and (11), C.R.S., prior to exposure or use of ground water. Well permit <br />applications for the uses described in the substitute supply plan were submitted to the <br />State Engineer's Office [receipt nos. 473683 (Firestien/Tigges/Roberts) and 474155 <br />(La Poudre)] and these applications were returned to the applicant to address 600- <br />foot spacing issues. The provisions of Colorado Revised Statute 37-90-137(2) <br />prohibits 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 <br />hearing held in accordance with the procedural rules in 2CCR402-5. This hearing <br />may be waived if you are able to obtain statements from the owners of all wells within <br />600 feet, verifying that they have no objection to your use of the proposed well. In <br />your submittal you indicated that you had obtained a waiver from the one affected well <br />owner. Should a new well permit be denied for reasons of 600 foot spacing, or any <br />other legitimate reason, approval of this substitute water supply plan will be cancelled. <br />4. The total area of pond 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 <br />surface area exposed exceed those amounts, an amendment will need to be filed with <br />this office. <br />5. The total amount of ground water to be appropriated from each of the pits shall not <br />exceed the values listed in Table B of this approval. <br />Approval of this plan is for the purposes stated herein. Any additional uses of this <br />water must first be approved by this office. Any future additional historic consumptive <br />use credit given (e.g., agricultural water transfer) for this site must consider all <br />previous credits given. <br />7. All pumping for dust control shall be measured in a manner acceptable to the Division <br />Engineer. <br />