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Mr. Peter Wayland <br />M2004-047-File Pit II <br />December 10, 2004 <br />Page 2 <br />I hereby approve the proposed substitute water supply plan in accordance with §37-90-137(11), <br />C.R.S., subject to the following conditions: <br />1. This plan shall be valid through January 28, 2005 unless otherwise revoked or modified. This plan <br />will be extended until December 31, 2005, if a lease for a minimum of 22.28 acre-feet of fully <br />consumable replacement waterfrom the City of Louisville for the remainderof 2005 is provided to <br />the State Engineer's Office by January 28, 2005. <br />2. Subject to the requirement of condition 1 above, if this plan is extended until December 31, 2005 <br />and will not be made absolute by a water court action by the plan's expiration date, a renewal <br />request must be submitted to this office with the statutory fee (currently $217) no later than <br />November 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. A well permit application was submitted to this office under <br />receipt no. 531886-A, and this application is pending evaluation by this office. The provisions of <br />Colorado Revised Statute § 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 f nds that circumstances so warrant <br />after a hearing held in accordance with the procedural rules in 2CCR402-5. This hearing maybe <br />waived if you are able to obtain statements from the owners of all wells within 600 feet, verifying <br />that they have no objection to your use of the proposed well. Should a new well permit be denied <br />for reasons of 600 foot spacing, or any other legitimate reason, approval of this substitute supply <br />plan will be cancelled. <br />4. A monitoring and observation well permit must be obtained for the well to be used for recharge of <br />the water produced from the dewatering operation in accordance with §37-92-602, C.R.S. Water <br />may be discharged into this well only after obtaining all discharge permits and approvals as <br />required by the Colorado Department of Public Health and Environment, and the Environmental <br />Protection Agency. <br />5. The total surface area of the groundwater exposed at the File Pit II site after December 31, 1980 <br />must not exceed 1.5 acres resulting in 3.66 acre-feet per year of evaporative loss. <br />6. The annual water used for dust control at the File Pit I I site shall not exceed 1.00 acre-foot, and the <br />total product mined at the File Pit II site shall not exceed 500,000 tons resulting in 14.72 acre-feet <br />of water lost with product. <br />7. Total consumption at the pit(s) must not exceed these aforementioned amounts unless an <br />amendment is made to this plan. <br />The existing lease of the replacement water is evidenced by an agreement with the City of <br />Louisville dated December 8, 2004. A copy of the agreement has been furnished to this office on <br />December 9, 2004. The agreement is valid until January 28, 2005. A City Council approved water <br />lease for 2005 will supercede this existing lease. A copy of the 2005 water lease must be <br />submitted to this office by January 28, 2005. All replacement water must be concurrent with <br />depletions in quantity, timing and location. <br />9. 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 use <br />credit given (e.g., agricultural water transfer) for this site must consider all previous credits given. <br />