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Mr. Peter Wayland M2004-047-File Pit II December 1Q 2004 Page 2 I hereby approve the proposed substitute water supply plan in accordance with §37-90-137(11), C.R.S., subject to the following conditions: This plan shall be valid through January 28, 2005 unless otherwise revoked or modified. This plan will be extended until December 31, 2005, if a lease for a minimum of 22.28 acre-feet of fully consumable replacement waterfrom the City of Louisville for the remainder of 2005 is provided to the State Engineers Office by January 28, 2005. 2. Subject to the requirement of condition 1 above, if this plan is extended until December 31, 2005 and will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee (currently $217) no later than November 15, 2005. 3. A well permit must be obtained for the gravel pit in accordance with §37-90-137(2) and (11), C.R.S. in conjunction with this plan. A well permit application was submitted to this office under receipt no. 531886-A, and this application is pending evaluation by this office. The provisions of Colorado Revised Statute § 37-90-137(2) prohibit the issuance of a permit for a well to be located within 600 feet of any existing well, unless the state engineer finds that circumstances so warrant after a hearing held in accordance with the procedural rules in 2CCR402-5. This hearing maybe • waived if you are able to obtain statements from the owners of all wells within 600 feet, verifying that they have no objection to your use of the proposed well. Should a new well permit be denied for reasons of 600 foot spacing, or any other legitimate reason, approval of this substitute supply plan will be cancelled. - ~ - - - 4-~ m nio onng an o serva on well perms mus e o me or a welttb Ge s[r~- d7orrectta~ the water produced from the dewatering operation in accordance with §37-92-602, C.R.S. W< may be discharged into this welt only after obtaining all discharge permits and approvals required by the Colorado Department of Public Health and Environment, and the Environmei Protection Agency. 5. The total surface area of the groundwater exposed at the File Pit (I site after December 31,1 must not exceed 1.5 acres resulting in 3.66 acre-feet per year of evaporative loss. 6. The annual water used fordust control at the File Pit II site shall not exceed 1.00 acre-foot, and tt total product mined at the File Pit II site shall not exceed 500,000 tons resulting in 14.72 acre-fey of water lost with product. , 7. Total consumption at the pit(s) must not exceed these aforementioned amounts unless amendment is made to this plan. 8. The existing lease of the replacement water is evidenced by an agreement with the City Louisville dated December 8, 2004. A copy of the agreement has been furnished to this office December 9, 2004. The agreement is valid until January 28, 2005. A City Council approved wa lease for 2005 will supersede this existing lease. A copy of the 2005 water lease must submitted to this office by January 28, 2005. All replacement water must be concurrent H depletions in quantity, timing and location. 9. Approval of this plan is for the purposes as stated herein. This office must first approve additional uses for vrhich the water may be used. Any future additional historic consumptive credit given (e.g., agricultural water transfer) for this site must consider all previous credits gi