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Kirsten M. Kurath August 6, 2007 <br />Debeque Pit SWSP Page 2 <br />59594-F was issued by is office on May 16, 2003. The well permit file as completed by the <br />submission of a Statem nt of Beneficial Use on February 26, 2004. <br />SWSP Conditions of A~ proval <br />This substitute w~ ter supply plan is hereby approved pursuant to RS 37-90-137(11), subject to <br />the following conditions: i <br />1. This plan shall a valid through May 16, 2008 unless otherwis revoked or modified. If this <br />plan will not be n{ ade absolute by a water court action by the pl n's expiration date, a renewal <br />request must be ~ubmitted to this office with the statutory fee (c rrently $257) no later than 90 <br />days prior to.ihe a bove expiration date. <br />2. Provide the name , address and phone number of the person w o will be responsible for the <br />operation of the p` an to this office, the Division Engineer (Alan Ma ellaro, 50633 US Hwy 6 & 24, <br />P.O. Box 396, Gl enwood Springs, Colorado 81601), and the Wat r Commissioner (Mike Mello, <br />0896 County Roi d 266, Silt, CO 81652, 970-948-2297) within 0 days of the receipt of this <br />approval. ~ <br />3. The total surface area of the groundwater exposed after Decembe ~ 31, 1980 must not exceed <br />6.0 acres and the +naximum annual evaporative loss shall not exceed 19.2 acre-fee. The annual <br />amount of water used at the operation shall not exceed 2.5 acre-feet for dust control ,and the <br />total product mined shall not exceed a total of 150,000 tons per year, which results in 4.4 acre- <br />feet of water lost H}ith product. Total consumption at the pit must not exceed these amounts <br />unless an amendment is made to this plan. Additionally, monthly net water consumption and <br />monthly effective stream depletion must not exceed the amounts specified in Table 9 (attached). <br />4. Approval of this pl~n is for the purposes as stated herein. This office must first approve any <br />additional uses for which the water may be used. Any future additional historic consumptive use <br />credit given (e.g., agricultural water transfer) for this site must consi er all previous credits given. <br />5. All pumping for dust control shall be measured in a manner acceptable to the Division Engineer. <br />6. Replacement wale ~ shall be made available to cover all out-of-priority. depletions in time, place <br />and amount and shall be made available under the direction and/or approval of the water <br />commissioner. The replacement water that is the subject of this plan cannot be sold or leased to <br />any other entity. A~ a condition of subsequent renewals of this substitute water supply plan, the <br />replacement water must be appurtenant to this site until a plan for augmentation is obtained. <br />This SWSP does nbt allow for offsite water deliveries. A copy of thisi approval letter should be <br />recorded with the County Clerk and Recorder. All replacement wale must be concurrent with <br />depletions in quantity, timing, and locations. <br />7. Adequate accounting of depletions and replacement must be provid d to the Division Engineer <br />in Glenwood Spring§ (Alan Martellaro, 50633 US Hwy 6 & 24, P.O. ox 396, Glenwood Springs, <br />Colorado 81601) anb the Water Commissioner (Mike Mello, 0896 Coiunty Road 266, Silt, CO <br />81652, 970-948-2297) on a monthly basis or other interval acceptable to both of them. The <br />accounting form provided with your application is subject to modificat~dn and approval by the <br />Division Engineer. All amounts shall be in acre-feet. <br />8. The name, address, and phone number of a contact person who wilt a responsible for the <br />operation and accou ling of this plan must be provided on the accourSfing forms to the Division <br />Engineer and Water Commissioner. <br />9. It is anticipated that permanent 6-acre water surface, created by ex ~ osing ground water, will <br />remain after cessation of mining. As such, the Applicant filed an applrccation for a plan for <br />augmentation with th Division 5 Water Court on May 12, 2005, to assure that out-of-priority <br />depletions resulting f~om the ground water exposure will be replaced to the stream system. <br />Additionally, in the event that mining ceases prior to such water court approval, the Applicant <br />