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Mar.21. 2001 B:OOAM TUTTLE APPLE~ATE No•3665 P• 3/6 <br />Anew well permit must be obtained for the current use of the gravel pit. The provisions <br />of Colorado Revised Statute 37-90-137(2) prohibits the issuance of a permit for a well to <br />be located within 600 feet of any existing well, unless the State Engineer finds that <br />circumstances so warrant after a hearing held in accordance with the procedural rules in <br />2CCR402-5. This hearing may be waived if you are able to obtain statements from the <br />owners of all wells within 600 feet, verifying that they have no objection to your use of <br />the proposed well. Should a new well permit be denied for reasons of 600 foot spacing, <br />or any other legitimate reason, approval of this substitute supply plan will be canceled. <br />2. The total area of surface exposed shall not exceed 26.6 acres, that amount which was <br />exposed prior to 1981. Should the total surface area exposed exceed the 26.6 acres, <br />an amendment will need to be filed with this office. The total amount of ground water to <br />be appropriated from the operation shall not exceed 44.0 acre-feet. <br />3. The well permit no. 19608-R is decreed under water court case number W-5765 for <br />irrigation purposes and is permitted for irrigation purposes. The uses described in this ~. <br />plan represent a change of water right. Prior to using the well for this operation, the a <br />applicant shall acquire a new well permit for the uses described in this plan. The <br />applicant shall also apply to the water court to amend the decree for the well by 7 <br />December 31, 2001. The well shall be administered as junior to all vested water rights ' <br />until such time as the change has been approved by the Division 1 Water Court. <br />4. The water commissioner responsible for the administration of this plan is Mr. Bob Stahl, <br />9378 WCR 25, Fort Lupton, CO, 303-857-0742. Adequate records of diversions, <br />replacements, and amounts of water used for particular uses must be provided to the <br />Division Engineer and the Water Commissioner on a monthly basis or other interval <br />acceptable to both of them on a form approved by them. <br />c~ <br />5. All releases of replacement water must be sufficient to cover all out of priority depletions ~, ,`~'~- <br />and be made under the direction and/or approval of the Water Commissioner. The _~i •,~ <br />replacement may be aggregated to maximize beneficial use. The Water Commissioner " ~` <br />and/or Division Engineer shall determine the rate and timing of an aggregated release. <br />6. The replacement water, which is the subject of this plan cannot be sold or leased to any <br />other entity. As a condition of subsequent renewals of this substitute water supply plan, <br />the replacement water must be appurtenant to this site until a plan for augmentation is <br />obtained. A copy of this approval letter should be recorded with the county clerk and <br />recorder. All replacement water must be concurrent with depletions in quantity, timing, <br />and locations. A lease for additional Greeley water must be submitted to the Water <br />"' <br />Commissioner within 1 month of receipt of this approval. <br /> ~ <br />x <br />7. Approval of this plan is for the purposes as stated herein. This office must first approve r <br />~ <br />r <br />any additional uses for which the water may be used. ~ <br />_:: <br />~ <br /> <br /> <br />8. If reclamation of the mine site will produce a permanent water surface exposing e <br />. <br />{~: ,~ <br />'- ; " <br />groundwater to evaporation, an application for a plan for augmentation must be filed !=~ °~ <br />with the Division 1 Water Court at least three (3) years prior io the completion of mining <br />to include, but not be limited to, long-term evaporation losses. If a lined pond results <br />after reclamation, replacement of lagged depletions shall continue until there is no <br />longer an effect on stream flow. <br />f <br />~ .~ <br />4 <br />}~.V~ - <br />