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Mr. Forrest Leaf, P.E. <br />Nissen Pit M2003-001 <br />October 15, 2003 <br />Page 2 <br />As required by Senate Bill 89-120 in Section 8, this substitute water supply plan has been <br />provided to an outside consultant for review. The consultant has recommended approval of the plan <br />by way of this letter. Based upon statutory requirements and the recommendations of the <br />consultant, I hereby approve the proposed substitute water supply plan in accordance with §37-90- <br />137(11), C.R.S. subject to the following conditions: <br />1. Unless otherwise revoked or modified, this plan shall be valid through December 31, 2004. <br />2. If this plan will not be made absolute by a water court action by the plan's expiration date, a <br />renewal request must be submitted to this office with the statutoryfee (currently $217) no later <br />than November 16, 2004. <br />3. A well permit must be obtained for the gravel pit in accordance with §37-90-137(2} and (11), <br />C.R.S. in conjunction with this plan. A well permit application was submitted to this office <br />under receipt no. 506958, and this application is a pending evaluation. The provisions of <br />Colorado Revised Statute 37-90-137(2) prohibits the issuance of a permit for a well to be <br />located within 600 feet of any existing well, unless the State Engineer finds That <br />circumstances so warrant after a hearing held in accordance with the procedural rules in <br />2CCR402-5. This hearing may be waived if you are able to obtain statements from the <br />owners of all wells within 600 feet, verifying that they have no objection to your use of the <br />proposed well. Should a new well permit be denied for reasons of 600 foot spacing, or any <br />other legitimate reason, approval of this substitute supply plan will be cancelled. <br />4. The total surface area of the groundwater exposed at the Nissen Pit site after December 31, <br />1980 must not exceed 4.2 acres resulting in 11.93 acre-feet per year of evaporative loss. <br />5. The annual water used for dust control at the Nissen Pit site shall not exceed 3.31 acre-feet, <br />the total product mined at the Nissen Pit site shall not exceed 500,000 tons per year <br />resulting in 14.7 acre-feet of water lost with product, and the total annual amount of water <br />used for concrete hatching shall not exceed 15.34 acre-feet based on 100,000 cubic yards <br />of concrete production. <br />6. Total consumption at the pit(s) must not exceed these aforementioned amounts unless an <br />amendment is made to this plan. <br />7. Approval of this plan 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 <br />use credit given (e.g., agricultural water transfer) for this site must consider all previous <br />credits given. <br />8. All pumping for dust control shall be measured in a manner acceptable to the division <br />engineer. <br />9. The replacement water that is the subject of this plan cannot be sold or leased to any other <br />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 foraugmentation 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 />