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Mr. Chris Weber <br />March 13, 2007 <br />Page 3 <br />terms and conditions below, the replacement supply is of a quality to meet the requirements of <br />use to senior appropriators. <br />CONDITIONS OF APPROVAL <br />I hereby approve the proposed substitute water supply plan in accordance with Section <br />37-90-137(11), C.R.S., subject to the following conditions: <br />1. This plan shall be valid through January 31, 2008, unless otherwise revoked or modified. <br />The operation of this plan in 2006 is formally adopted with this renewal approval. <br />2. The total surface area of exposed ground water and total consumption at each pit may not <br />exceed the amounts given in the attached table. <br />3. By no later than April 15, 2007 provide the basis for the computation of historical native <br />vegetation consumptive use as required by Paragraph 10 of the General Guidelines for <br />Substitute Water Supply Plans for Sand and Gravel Pits Submitted to the State Engineer <br />Pursuant to SB 89-120 & S8 93-260. <br />4. The total combined amount of exposed ground water and dewatered area at the Pueblo <br />East pit may not exceed 12 acres. Documentation of pond size may be required by the <br />Division Engineer in the form of an aerial photo evaluation or survey by a Professional Land <br />Surveyor during the plan year or in years covered by subsequent renewals of this plan. <br />5. Release of the Pueblo waters must be under the Division Engineer's direction and approval. <br />6. All pumping for material washing or dust suppression must be measured in a manner <br />approved by the Division Engineer. <br />7. Accounting of water in this plan, including excavating area, area of actual groundwater <br />exposure, pumping, stream depletions, and replacement water deliveries must be provided <br />to the Water Commissioner and Division Engineer on forms and at times acceptable to <br />them. Said accounting must be received by the 10`" of the month following the month being <br />reported. The name, mailing address, and phone number of the contact person who is <br />responsible for operation and accounting of this plan must be provided on the accounting <br />forms. <br />B. Transit Mix must diligently pursue its application with the water court in case no. 03CW8 for <br />a permanent plan for augmentation for the Pueblo West pit to ensure the permanent <br />replacement of all depletions, including long term evaporation losses after the mining <br />operations have ceased. Approval of this substitute supply plan does not imply a position <br />by this office on any related litigation. <br />9. Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all excavation of product from below the <br />water table, and all other use of water at the pit, must cease immediately. <br />10. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has or will occur as a result of this plan. <br />11. Should a request for renewal of this plan be needed, such renewal request must be <br />submitted to this office with the statutory fee of $257/gravel pit at least 45 days prior to the <br />expiration date of this plan (by December 16, 2007). ,,,, .. .. <br />