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Andy Rodriguez <br />'~` March 31, 2008 <br />Page 3 <br />found to be adequate. A copy of this approval letter and a copy of the stock certificate shall be <br />recorded with the Weld County Clerk and Recorder's Office. During the term of this substitute <br />water supply plan the 3.25 shares of Kern Reservoir may continue to be used for irrigation as <br />long as the depletions caused by the pit are covered by other approved sources. <br />A monthly breakdown of depletions and replacements is shown in the attached Table No. <br />3 that was submitted with your report. <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 />1. This SWSP shall be valid for the period of January 1, 2008 through December 31, 2008, <br />unless otherwise revoked, modified, or superseded by decree.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. Curtailment of the subiiect operation may result if the SWSP request is not <br />submitted timely. <br />2. Anew well permit must be obtained for the gravel pit in accordance with §37-90-137(2) <br />and (11), C.R.S. Any application will be evaluated subsequent to approval of this plan. <br />The provisions of §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 finds that circumstances <br />so warrant after a hearing in accordance with the procedural rules in 2CCR402-5. The <br />hearing will be waived if you are able to obtain statements from the owners of all wells <br />within 600 feet, verifying that they have no objection to your use of the proposed well. <br />Should a new well permit be denied for reasons of the 600-foot spacing, or any other <br />legitimate reason, approval of this amendment will be canceled. <br />3. The losses associated with this mining operation must not exceed a total of 59.36 acre- <br />feet for the duration of this permit approval. These losses include 32 acre-feet of <br />evaporation from the proposed exposure of 11.11 acres of groundwater after December <br />31, 1980, 11.77 acre-feet of water lost in product (4% moisture of 400,000 tons of raw <br />material), 3.31 acre-feet for on-site dust control and 12.28 acre-feet used in the <br />production of 100,000 tons of concrete. Should the consumptive use at the site exceed <br />59.36 acre-feet prior to the expiration date of this plan, an amendment will need to be <br />filed with this 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. Scott <br />Edgar, 1735 Dolores River Drive, Windsor, CO 80550, phone no. (303) 775-0840 and <br />Mr. Fred Renner, 418 West 12~' Street, Loveland, CO 80537, phone no. (970) 622- <br />0294. The applicant shall maintain daily records of all diversions, replacements, and the <br />amount 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 basis <br />