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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 lagged mining depletions and replacements are shown on attached Table no. 3. <br />Conditions of Approval <br />I hereby approve this substitute water supply plan, in accordance with Section 37-90- <br />137(11), C.R.S., subject to the following conditions: <br />1. This SWSP shall be valid for the period of October 1, 2005 through October <br />31, 2006, unless otherwise revoked, modified, or superceded by decree. If <br />this plan will 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 (currently $217) by August 31, 2006. <br />2. A well 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 for the production well that will be used for process water at the <br />Stagecoach Stop property. The provisions of Colorado Revised Statute 37- <br />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 <br />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 <br />from the owners of all wells within 600 feet, verifying that they have no <br />objection to your use of the proposed well. Should a new well permit be <br />denied for reasons of 600 foot spacing, or any other legitimate reason, approval <br />of Phis substitute supply plan will be canceled. <br />3. The total area of pond surface exposed after December 31, 1980 for each of <br />the pits shall not exceed those values listed in Table A of this approval. <br />Should the total surface area exposed exceed those amounts, an amendment <br />will need to be filed with this office. The total tagged depletions resulting from <br />operation of the pits shall not exceed those amounts specified in attached <br />Table 3. Should the lagged depletion from any of the pits exceed the values <br />listed in Table 3, an amendment will need to be filed with this office. <br />4. Alt water discharged from the Stagecoach 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 years. All discharges will be available to <br />offset depletions in the year when depletions are actually occurring. <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 division engineer. <br />6. Replacement water released from fully consumable sources identified above <br />must be decreed for augmentation use. <br />7. The Water Commissioner responsible for the administration of this plan is Mr. <br />Robert Stahl, 9378 WCR 25, Fort Lupton, CO 80621, phone no. (303) 857- <br />