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NI>s. Susan Smolnik, P.E. <br />Timberline Pit, DRMS Permii No. M77-184 <br />May 14, 2007 <br />Page 2 <br />consumptive use credits from shares of the Box Elder Ditch, for this plan. The City of Fort Collins <br />owns all of the proposed sources of replacement water. <br />I hereby approve this substitute water supply plan in accordance with §37-90-137(11), <br />C.R.S., subject to the following conditions: <br />1. This plan is approved with the effective date of May 1, 2007 and shall be valid through April <br />30, 2009 unless otherwise revoked or modified. If this plan will not be made absolute by a <br />water court action by the plan's expiration date, a renewal request must be submitted to this <br />office with the statutory fee of $257 no later than March 15, 2009. <br />2. A well permit was obtained for the current use and exposed pond surface area of the gravel <br />pit, permit no. 41269-F in accordance with §37-90-137(2) and (11), C.R.S. <br />3. The total surface area of the groundwater exposed after December 31, 1980 must not <br />exceed 23.5 acres resulting in 54.5 acre-feet per year of evaporative loss. Total <br />consumption at the pit(s) must not exceed the aforementioned amount unless an <br />amendment is made to this plan. <br />4. Approval of this plan is for the purpose as stated herein. Any additional uses for which the <br />water may be used must first be approved by this office. <br />5. All releases of replacement water must be sufficient to cover all out-of-priority depletions in <br />time, place, and amount and must be made under the direction and/or the approval of the <br />water commissioner. The release of replacement water may be aggregated to maximize <br />beneficial use. The water commissioner and/or the division engineer shall determine the <br />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, the <br />replacement water must be appurtenant to this site until a plan for augmentation is obtained. <br />A copy of this approval letter should be recorded with the county clerk and recorder. All <br />replacement water must be concurrent with depletions in quantity, timing and locations. <br />7. The name, address, and phone number of the contact person who will be responsible for the <br />operation and accounting of this plan must be provided on the accounting forms submitted to <br />the division engineer and the water commissioner. <br />8. The amount and location of dry-up of the of the 222.7 acres formerly irrigated acreage <br />associated with the Applicant's shares of the Box Elder Ditch must be documented and <br />approved by the division engineer and water commissioner before any consumptive use <br />credits are available for use under this plan. A map and legal description of the dry-up must <br />be submitted to the water commissioner, division engineer and the state engineer as part of <br />the documentation process. <br />9. Adequate accounting of depletions and replacement must be provided to the division <br />engineer in Greeley and the water commissioner on a monthly basis or other interval <br />acceptable to both of them. The accounting form is subject to modification and approval by <br />the division engineer. <br />10. This substitute water supply plan may be revoked or modified at any time should it be <br />