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Jennifer L. Ashworth, P.E. <br />January 14, 2004 <br />Page 3 <br />I hereby approve this proposed substitute water supply plan in accordance with Section <br />37-90-137(11), C.R.S., subject to the following conditions: <br />This plan is valid through December 31; 2004 unless othennrise revoked or <br />modified. If this plan will not be made absolute by a Water Court action by the <br />plan's expiration date, a renewal request must be submitted to this office with the <br />statutory fee (currently $217) at least 45 days prior to the expiration date of this . <br />plan (by November 15, 2002). <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. Any application will be evaluated subsequent to approval of this <br />plan. The provisions of Colorado Revised Statute 37-90-137(2) prohibits the <br />issuance of a permit for a well to be located within 600 feet of any existing well, ; <br />unless the state engineer finds that circumstances so warrant after a hearing held <br />in accordance with the procedural rules in 2CCR402-5. This hearing may be <br />waived if you are able to obtain statements from the owners of all wells within 600 <br />feet, verifying that they have no objection to your use of the proposed well. <br />Should a new well permit be denied for reasons of 600 foot spacing, or any other <br />legitimate reason, approval of this substitute supply plan will be cancelled. <br />3. Consumptive use associated with this mining operation for 2004 must not exceed <br />a total of 16.51 acre-feet. These losses include 12.27 acre-feet of evaporation <br />from the proposed exposure of 0.61 acres of groundwater from January through <br />April and the proposed exposure of 5 acres of groundwater from May through <br />December, 1 acre-foot of water used for dust suppression and 3.24 acre-feet of <br />water lost in 110,000 tons of mined aggregate. Should the consumptive uses <br />from this pit exceed 16.51 acre-feet or the lagged depletions to the South Platte <br />River exceed 10.68 acre-feet, an amendment will need to be filed with this office. <br />4. Approval of this plan is for the purposes as stated herein. Any additional uses for <br />this water must first be approved by this office. Any future additional historic <br />consumptive use credit given (e.g., agricultural water transfer) for this site must <br />consider all previous credits given. <br />5. All pumping for dust control shall be measured in a manner acceptable to the <br />division engineer. <br />6. The water commissioner responsible for the administration of this plan is Mr. <br />Robert Stahl, 9378 WCR 25, Fort Lupton, CO 80621, phone no. (303) 857-0742. <br />Adequate records of diversion, replacement and amounts of water used for <br />particular uses must be provided to the division engineer and the water <br />commissioner on a monthly basis or other interval acceptable to both of them on a <br />form approved by them. <br />7. The name, mailing address, and phone number of the contact person who will be <br />responsible for operation and accounting of this plan must be provided on the <br />accounting forms to the division engineer and water dommissioner. <br />.5 <br />