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<br />Mr. Andy Rodriguez, P.E. <br />`' January 14, 2008 <br />Page 3 <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, 2008 through December 31, 2008, <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unless otherwise revoked, modified, or superceded by decree.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 />2008. <br />2. Anew well permit must be obtained for the gravel pit and production well in accordance <br />with §37-90-137(2) and (11), C.R.S. A well permit application has been submitted under <br />receipt no. 532971. Any application will be evaluated subsequent to approval of this <br />plan. The provisions of §37-90-137(2) prohibit the issuance of a permit for a well to be <br />located within 600 feet of any existing well, unless the State Engineer finds that <br />circumstances so warrant after a hearing in accordance with the procedural rules in <br />2CCR402-5. The hearing will be waived if you are able to obtain statements from the <br />owners of all wells within 600 feet, verifying that they have no objection to your use of <br />the proposed well. Should a new well permit be denied for reasons of the 600-foot <br />spacing, or any other legitimate reason, approval of this amendment will be canceled. <br />3. The losses associated with this mining operation must not exceed a total of 68.35 acre- <br />feet for the duration of this permit approval. These losses include 22.38 acre-feet of <br />evaporation from the proposed exposure of 7.6 acres of groundwater after December <br />31, 1980, 24.86 acre-feet of water lost in product (4% moisture of 845,000 tons of raw <br />material), 3.31 acre-feet for on-site dust control, 17.8 acre-feet used in the production of <br />145,000 tons of concrete. Should the consumptive use at the site exceed 68.35 acre- <br />prior to the expiration date of this plan, an amendment will need 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 Commissioner responsible for the administration of this plan is Mr. Robert <br />Stahl, 9378 WCR 25, Fort Lupton, CO 80621, phone no. (303) 857-0742. The applicant <br />shall maintain daily records of all diversions, replacements, and the amount of water <br />used for each particular purpose. The applicant shall provide a report of these records to <br />the division engineer and the water commissioners on a monthly basis on a form <br />approved by them. The accounting must be submitted within thirty (30) calendar days of <br />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 Aurora ("Aurora"). The <br />report shall include an accounting' of all replacement water controlled by Aurora, <br />showing the total volume of water under its control and the amount committed to each of <br />the recipients of the water. <br />