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Mr. Peter Wayland <br />Challenger Pit SWSP, M-85-026 <br />June 30, 2005 <br />Page 2 of 5 <br />of the consultant, I hereby approve the proposed substitute water supply plan in accordance with <br />§37-90-137(11), C.R.S. subject to the following conditions: <br />1. Unless othervvise revoked or modified, Phis plan shall be valid through December 31, 2005. <br />This plan will be extended until June 30, 2007, if the applicant provides information that an <br />application for a plan for augmentation was filed with the water court prior to December 31, <br />2005. <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 of $217 no later than <br />November 15, 2005 or May 15, 2007 subject to the requirements of condition 1. <br />3. A well permit must be issued for the gravel pit in accordance with Section §37-90-137(2) and <br />(11 ), C.R.S for the exposure of groundwater. A well permit application was submitted to this <br />office under receipt no. 437309 and this application is pending, waiting for action taken by the <br />applicant to resolve any issues regarding the location of any wells within 600 feet of the <br />boundary of the gravel pit. The provisions of §37-90-137(2) C.R.S. prohibits the issuance of a <br />permit for a well to be located within 600 feet of any existing well, unless the State Engineer <br />finds that circumstances so warrant after a hearing held in accordance with the procedural <br />rules in 2CCR402-5. This hearing may be waived if statements are obtained from the owners <br />of all wells within 600 feet, verifying that they have no objection to the use of the gravel pit well. <br />Should a new well permit be denied for reasons of 600 foot spacing, or any other legitimate <br />reason, approval of this substitute supply plan will be cancelled. Information regarding the <br />location of any existing wells within 600 feet of the gravel pit boundary, and waviers <br />from those owners (if necessary) or a hearing request, must be submitted by July 31, <br />2005. <br />4. The total surface area of the groundwater exposed after December 31, 1980 must not <br />exceed 17 acres resulting in 45.65 acre-feet per year of evaporative loss. Total consumption <br />at the pit(s) must not exceed the aforementioned amount unless an amendment is made to <br />this plan. <br />5. Approval of this plan is for the purpose as stated herein. Any additional uses for which the <br />water may be used must first be approved by this office. <br />6. All releases of replacement water must be sufficient to cover all out-of-priority depletions in <br />time, place, and amount and must be made under the direction and/or the approval of the <br />water commissioner. <br />7. The water attributable to the 11 shares in the Hill & Brush Ditch must continue to be <br />diverted in-priority at the ditch then measured back to the Big Thompson River in the <br />vicinity of the Challenger Pit and up-stream of the Big Thompson and Platte Ditch. <br />Adequate measuring devices acceptable to the water commissioner must be installed. <br />8. The replacement water, which is the subject of this plan, cannot be sold or leased to any <br />other entity. As a condition of subsequent renewals of this substitute water supply plan, the <br />replacement water must be appurtenant to this site until a plan for augmentation is obtained. <br />