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Messrs. Hermundstad and Snodgrass October 20, 2003 <br />Page 2 <br />§37-90-137(11), C.R.S. subject to the following conditions: <br />If written objections to the following conditions are not received by this office and <br />the Division Engineer within two weeks of this approval, it will be assumed that the <br />Applicant has accepted, and will operate this plan in accordance with, the following <br />conditions. Unless otherwise revoked or modified, this plan shall then be valid <br />through May 16, 2005. Any renewal requests must be submitted to this office with <br />the statutory fee (currently $217) by April 1, 2005. <br />2. A well permit must be obtained for the gravel pit in accordance with §37-90-137(2) <br />and (11), C.R.S. in conjunction with this plan. Any application will be evaluated <br />subsequent to approval of this plan. The provisions of Colorado Revised Statute <br />37-90-137(2) prohibits the issuance of a permit for a well to be located within 600 <br />feet of any existing well, unless the State Engineer finds that circumstances so <br />warrant after a hearing held in accordance with the procedural rules in 2CCR402-5. <br />This hearing may be waived if you are able to obtain statements from the owners of <br />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 <br />spacing, or any other legitimate reason, approval of this substitute supply plan will <br />be cancelled. <br />3. The total surface area of the groundwater exposed after December 31, 1980 must <br />not exceed 6.0 acres, the annual water used for dust control shall not exceed 2.5 <br />acre-feet, and the total product mined shall not exceed a total of 150,000 tons per <br />year, which results in 4.4 acre-feet of water lost with product. Total consumption at <br />the pit must not exceed these amounts unless an amendment is made to this plan. <br />Additionally, monthly net water consumption and monthly effective stream depletion <br />must not exceed the amounts specified in Table 9 (attached). <br />4. The amount and location of the dry-up of the irrigated acreage associated with the <br />uses of the Larkin Ditch water must be documented and approved by the Division <br />Engineer and Water Commissioner. A map and legal description of the dry-up <br />must be submitted to the water Commissioner, Division Engineer and the State <br />Engineer prior to the implementation of this plan. <br />5. Approval of this plan is for the purposes as stated herein. This office must first <br />approve any additional uses for which the water may be used. Any future <br />additional historic consumptive use credit given (e.g., agricultural water transfer) for <br />this site must consider all previous credits given. <br />6. All pumping for dust control shall be measured in a manner acceptable to the <br />Division Engineer. <br />7. The replacement water that is the subject of this plan cannot be sold or leased to <br />any other entity. As a condition of subsequent renewals of this substitute water <br />supply plan, the replacement water must be appurtenant to this site until a plan for <br />augmentation is obtained. A copy of this approval letter should be recorded with <br />