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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 credk realized at the river <br />from recharge Ot the Patton Ditch shares is strown on attached Table no. 2. <br />The total lagged mining depletions and replaoertrerrts are shown on akac~ed Table rm. 3. <br />Conditions of Approval <br />1 hereby approve this substitute water supply plan, in accordance wkh Section 37-90- <br />137(11), C.R.S., subject to the following coridlborrs: <br />1. This SWSP shall be valid far the period of October 1,2005 through October <br />31, 2006, unless otherwise revoked, modified, or superosded by decree. If <br />this plan wNl 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 1217) by August 31.21106. <br />2. A well permk must be obtained for the current use and exposed pond surface <br />area for the Tanabe Pit, Dunes Devebpment Site and Stagecoach Stop <br />Property and for the production well that wUl be used for process water ai the <br />Stagecoach Stop property. The provisions of Colorado Revised Statute 37- <br />90-137(2) prohibks the issuance of a pennk for a well to be located within 800 <br />feet of any existing well, unless the State Engineer finds that rtircumstanrros <br />so warrant after a hearing held In accordance with the procedural rules in <br />2CCR402-5. Thy hearing maybe waived if you are able to obtain statements <br />from the owners of all wells wittun 800 feet, verifying that they have no <br />objecfion to your use of the proposed wall. Should a new well permit be <br />dented for reasons of 600 foot spacing, or any other legitlmate reason, approval <br />of this substitute supply plan wNl be carroeled. <br />3. The total area of pond surface exposed after t~cember 31, 1980 for each of <br />the pits shall not exceed those values Usted in Table A of this approval. <br />Should the total surface area exposed exceed those amounts, an amendment <br />will need to be filed wkh this ofttce. The total lagged deple8ons resulting from <br />operation of Ure pits shah Trot exceed those amounts apedfiad In attached <br />Table 3. Should the lagged depletion from arty of the pits exceed the vahres <br />listed in Table 3, an amendment will need to be filed with this office. <br />4, Ail water discharged from the Stagecoach Sbp pk and utilized to offset <br />depletions caused by the pit operation cannot be banked or credited to offset <br />lagged depletons in sutuequent years. AU discharges will be available to <br />offset depletlons in the year when depletions are actually oogrn'Ing. <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 />8. Replacement water released from fuNy consumable sources adentifred above <br />must be decreed for augmentation use. <br />7. The Water Commissioner responsible for the administrallon of this plan is Mr. <br />Robert Stahl, 8378 WCR 25, Fort Lupton, CO 80821, phone no. (303) 857- <br />