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Mr. Forrest Leaf <br />May 30, 2007 <br />Page 3 <br />letter and a copy of the stock certificate shall be recorded with the Weld County Clerk and <br />Recorder's Office. During the term of this substitute water supply plan the 2 shares of Kern <br />Reservoir may continue to be used for irrigation as long as the depletions caused by the pit are <br />covered by other approved sources. <br />A monthly breakdown of depletions and replacements is shown in the attached Table No. <br />4 that was submitted with your report. <br />Conditions of Approval <br />I approve the proposed substitute water supply plan in accordance with Section 37-90- <br />137(11), C.R.S., subject to the following conditions: <br />This SWSP shall be valid for the period of January 1, 2007 through December 31, 2007, <br />unless otherwise revoked, modified, or superceded by decree. If this plan will not be <br />made absolute by a water court action by the plan's expiration date, a renewal request <br />must be submitted to this office with the statutory fee (currently $257) by November 1, <br />2007. <br />2. Anew well permit must be obtained for the gravel pit in accordance with §37-90-137(2) <br />and (11), C.R.S. Any application will be evaluated subsequent to approval of this plan. <br />The provisions of §37-90-137(2) prohibit the issuance of a permit for a well to be located <br />within 600 feet of any existing well, unless the State Engineer finds that circumstances <br />so warrant after a hearing in accordance with the procedural rules in 2CCR402-5. The <br />hearing will be waived if you are able to obtain statements from the owners of all wells <br />within 600 feet, verifying that they have no objection to your use of the proposed well. <br />Should a new well permit be denied for reasons of the 600-foot spacing, or any other <br />legitimate reason, approval of this amendment will be canceled. <br />3. The losses associated with this mining operation must not exceed a total of 57.48 acre- <br />feet for the duration of this permit approval. These losses include 30.89 acre-feet of <br />evaporation from the proposed exposure of 10.72 acres of groundwater after December <br />31, 1980, 11.77 acre-feet of water lost in product (4% moisture of 400,000 tons of raw <br />material), 3.31 acre-feet for on-site dust control and 11.51 acre-feet used in the <br />production of 75,000 tons of concrete. Should the consumptive use at the site exceed <br />57.48 acre- prior to the expiration date of this plan, an amendment will need to be filed <br />with this office. <br />4. Approval of this plan is for the purposes as stated herein. Any additional uses of this <br />water must first be approved by this office. <br />The Water Commissioners responsible for the administration of this plan are Mr. Robert <br />Stahl, 9378 WCR 25, Fort Lupton, CO 80621, phone no. (303) 857-0742 and Mr. Fred <br />Renner, 418 West 12`" Street, Loveland, CO 80537, phone no. (970) 622-0294. The <br />applicant shall maintain daily records of all diversions, replacements, and the amount of <br />water used for each particular purpose. The applicant shall provide a report of these <br />records to the division engineer and the water commissioners on a monthly basis on a <br />form approved by them. The accounting must be submitted within thirty (30) calendar <br />days of the end of the month for which the accounting is being made. <br />