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Mr. Joe Tom Wood <br />Green/Croissant M2001-022 <br />August 7, 2003 <br />Page 2 <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 statutory fee (currently $217) no later <br />than May 15, 2005. <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. Any application will be evaluated subsequent to approval <br />of this plan. The provisions of Colorado Revised Statute 37-90-137(2) prohibits the issuance <br />of a permit for a well to be located within 600 feet of any existing well, unless the State <br />Engineer finds that circumstances so warrant after a hearing held in accordance with the <br />procedural rules in 2CCR402-5. This hearing may be waived if you are able to obtain <br />statements from the owners of all wells within 600 feet, verifying that they have no objection <br />to your use of the 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 be <br />cancelled. <br />4. The total surtace area of the groundwater exposed after December 31, 1980 must not <br />exceed 13.73 acres prior to June 30, 2004 and shall not exceed 15.73 acres prior to June <br />30, 2005. The water used for concrete batching shall not exceed 6.44 acre-feet prior to June <br />30, 2004 and shall not exceed 9.22 acre-feet prior to June 30, 2005. Water used for dust <br />control shall not exceed 1.50 acre-feet per year, and the total product mined shall not <br />exceed 100,000 tons per year which results in 2.95 acre-feet of water lost with the mined <br />product. Total consumption at the pit(s) must not exceed these amounts unless an <br />amendment is made to this plan. <br />5. The existing lease of the replacement water is evidenced by an agreement with the City of <br />Loveland dated January 13, 1998. Although the lease agreement expires December 31, <br />2022, the applicant needs toobtain sufficientwaterfor-2004. A copy of the lease agreement <br />has been furnished to this office on June 25, 2003. All replacement water must be <br />concunrent with depletions in quantity, timing and location. <br />6. Approval of this plan is for the purposes as stated herein. This office must first approve any <br />additional uses for which the water maybe 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 />7. All pumping for dust control shall be measured in a manner acceptable to the division <br />engineer. <br />8. 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 />replacementwatermust beappurtenant tothis 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 />9. Adequate accounting of depletions and replacement must be provided to the division <br />engineer in Greeley (8f 0 9"'Street, 2"' Floor, Greeley, Colorado 80631, 970-352-8712) and <br />the water commissioner (Fred Renner, 414 West 12`" Street, Loveland, Colorado 80537, <br />970-622-0294) on a monthly basis or other interval acceptable to both of them. The <br />accounting form provided with your application is subject to modification and approval by the <br />Division Engineer. All amounts shall be in acre-feet. <br />