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Rachel Kullman <br />January 8, 2008 <br />Page 3 <br />The lagged depletions, include depletions resulting from past uses at the site, and the <br />replacements are shown on attached Table 6. <br />Conditions of Approval <br />I hereby approve the proposed substitute water supply plan in accordance with Section <br />37-90-137(11), C.R.S., subject to the following conditions: <br />This SWSP shall be valid for the period of January 1, 2008 through December 31, <br />2008, unless otherwise revoked, modified, or superceded by decree. If this plan will <br />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 by November 1, 2008. <br />2. A well permit must be obtained for the gravel pit in accordance with Section §37-90- <br />137(2) and (11), C.R.S. The provisions of §37-90-137(2) C.R.S. prohibit the <br />issuance of a permit for a well to be located within 600 feet of any existing well, <br />unless the State Engineer finds that circumstances so warrant after a hearing held in <br />accordance with the procedural rules in 2CCR402-5. This hearing may be waived if <br />you are able to obtain statements from the owners of all wells within 600 feet, <br />verifying that they have no objection to your use of the proposed well. Should a new <br />well permit be denied for reasons of 600 foot spacing, or any other legitimate reason, <br />approval of this substitute supply plan will be cancelled. <br />3. The total area of exposed pond surface shall not exceed 2.73 acres. Total <br />consumptive use of the mining operation shall not exceed 36.81 acre-feet of which <br />8.09 acre-feet is due to evaporative losses, 6.2 acre-feet is due to dust suppression, <br />14.72 acre-feet is due to water remove in product (4% moisture of 500,000 tons of <br />raw material), 7.4 acre-feet is due to concrete production and 0.4 acre-feet is due to <br />asphalt production. Should the total consumption at the pit exceed these amounts <br />prior to the expiration date of this plan, an amendment needs to be filed with this <br />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 />5. The Water Commissioners responsible for the administration of this plan are Mr. <br />Robert Stahl, 9378 WCR 25, Fort Lupton, CO 80621, phone no. (303) 857-0742. The <br />applicant shall maintain daily records of all diversions, replacements, and the amount <br />of water used for each particular purpose. The applicant shall provide a report of <br />these records to the division engineer and the water commissioners on a monthly <br />basis on a form approved by them. The accounting must be submitted within thirty <br />(30) calendar days of the end of the month for which the accounting is being made. <br />In addition, the applicant shall submit a report from the City of Thornton. The <br />reports shall include an accounting of all replacement water controlled by Thornton, <br />showing the total volume of water under their control and the amount committed to <br />each of the recipients of the water. <br />6. All diversions shall be measured in a manner acceptable to the division engineer. <br />The Applicant shall install and maintain such measuring devices as required by the <br />division engineer for operation of this SWSP. <br />