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- ~. Michelle L. Austin <br />November 25, 2005 <br />Page3 <br />water diverted but not used by the crops is returned to the stream system through deep <br />percolation. The historical consumptive use and net consumptive use credit realized at the river <br />from recharge of the Fulton Ditch shares is shown on attached Table no. 2. <br />The total tagged mining depletions and replacements are sham on attached Table ra. 3. <br />Conditions of Approval <br />I hereby approve this substihrbe water supply plan, in accordance with Section 37-80- <br />137(11), C.R.S., subject to the followring conditions: <br />1. 't'his SWSP shaA be valid for the period of October f, 2005 through October <br />31,2006, unless otherwise revoked, modified, or superceded by decree. If <br />this plan w111 not be made absolute by a water court action by the plan's <br />expiration date, a renewal request must be submitted to this office with the <br />statutory fee (cumenfiy 5217) by August 31,2008. <br />2. A weN permit must be obtained for the current use and exposed pond surface <br />area for the Tanabe Pit, Dunes Development Site and Stagecoach Stop <br />Property and far the produdbn weq that will be used for process water at the <br />Stagecoach Stop property. The provisions of Colorado Revised Statute 37- <br />90-137(2) prohfbils the issuance of a permit for a weti to be located within 800 <br />feet of any existing well, unless the State Engineer finds that rtircumstantxls <br />so warrant after a hearing held in accordance with the procedural rules in <br />• 2CCR402-5. This hearing maybe wah~ed if you are able to obtain statements <br />from the owners of all welts witldn 800 feet, verifying that they have no <br />objection to your use of the proposed weti. Should a new wep pemdtt be <br />denied for reasons ~ 800 foot spadng, or arty other legitimate reason, approval <br />of this substitute soppy plan wtil be canceled. . <br />3. The total area of pond surtace exposed after December 31, 1980 for each of <br />the pits shall not exceed those values Nsted in Table A Of this approval. <br />Should the total surface area exposed exceed those amounts, an amerMment <br />will need to be flied with this offke. The total lagged depletions resuNing from <br />operation of the pits shall not exceed those amounts apedfied in attached <br />Table 3. Should the lagged depletion from arty of the pits exceed the values <br />Ifsted in Table 3, an amendment will need to be filed with this office. <br />4. Ali water discharged from the Stageooadr Stop pit and utilized to offset <br />depletions caused by the pit operation cannot be banked or credited to offset <br />lagged depletions in subsequent yeah. Ati discharges will be available to <br />offset depletions in the year when depletions are actualy offing. <br />5. All pumping for dust control and dewatering discharges to the South Platte <br />river shall be measured in a manner acceptable to the dNision engineer. <br />8. Replacement water released from fully consumat>fe sources identified above <br />must be decreed for augmentation uss. <br />7. The Water Commissioner responsible tar the administration of this plan is Mr. <br />Robert Stahl, 9378 WCR 25, fort Lupton, CO 80621, phone no. (303) 857- <br />