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Mr. Andrew R. Rodriguez <br />October 2, 2003 <br />Page 2 <br />As required by Senate Bill 89-120 in Section 8, this substitute water supply plan has been <br />provided to an outside consultant for review. The consultant has recommended approval of the <br />plan byway of this letter. Based upon statutory requirements and the recommendations of the <br />consultant, I hereby approve the proposed substitute water supply plan in accordance with §37- <br />90-137(11), C.R.S. subject to the following conditions: <br />Unless revoked or modified, this plan shall be valid through July 31, 2004. If this <br />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 <br />(currently $217) by June 15, 2004. <br />2. A well permit must be obtained for the gravel pit in accordance with §37-90-137(2) <br />and (11), C.R.S. in conjunction with this plan. Any application will be evaluated <br />subsequent to approval of this plan. The provisions of Colorado Revised Statute <br />37-90-137(2) prohibits the issuance of a pennit for a well to be located within 600 <br />feet of any existing well, unless the state engineer finds that circumstances so <br />warrant after a hearing held in accordance with the procedural rules in 2CCR402-5. <br />This hearing may be waived if you are able to obtain statements from the owners of <br />all wells within 600 feet, verifying that they have no objection to your use of the <br />proposed well. Should a new well permit be denied for reasons of 600 foot <br />spacing, or any other legitimate reason, approval of this substitute supply plan will <br />be cancelled. <br />The total surface area of the groundwater exposed after December 31, 1980 must <br />not exceed 6.45 acres (16.03 acre-feet of evaporative losses), the annual water <br />used for dust control shall not exceed 2.0 acre-feet, and the total product mined <br />shall not exceed a total of 600,000 tons per year which results in 17.67 acre-feet of <br />water lost with product. Total consumption at the pit must not exceed these <br />amounts unless an amendment is made to this plan. <br />4. The amount and location of the dry-up of the irrigated acreage associated with the <br />uses of the Last Chance Ditch water must be documented and approved by the <br />division engineer and water commissioner. A map and legal description of the dry- <br />up must be submitted to the water Commissioner, Division Engineer and the State <br />Engineer prior to the implementation of this plan. <br />5. Approval of this plan is for the purposes as stated herein. This office must first <br />approve any additional uses for which the water may be used. Any future <br />additional historic consumptive use credit given (e.g., agricultural water transfer) for <br />this site must wnsider all previous credits given. <br />6. All pumping for dust control shall be measured in a manner acceptable to the <br />division engineer. <br />7. The replacement water that is the subject of this plan cannot be sold or leased to <br />any other entity. As a condition of subsequent renewals of this substitute water <br />supply plan, the replacement water must be appurtenant to this site until a plan for <br />augmentation is obtained. A copy of this approval letter should be recorded with <br />the County Clerk and Recorder. All replacement water must be concurrent with <br />depletions in quantity, timing, and locations. <br />