Laserfiche WebLink
Kimberly K. Frick <br />September 22, 2008 <br />Page 3 <br />within 600 feet of any existing well, unless the State Engineer finds that circumstances so <br />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 substitute supply plan will be canceled. <br />3. The water consumption and depletions associated with this mining operation must not exceed <br />19.60 acre-feet. The total surface area of the groundwater exposed at the W. W. Farms <br />Expansion Pit must not exceed 1-acre during the approval period of this SWSP resulting in an <br />annual evaporative loss of 2.88 acre-feet. <br />4. The annual amount of water used at the operation shall not exceed 2.00 acre-feet for dust <br />control and the total product mined shall not exceed 500,000 tons per year below the <br />groundwater surface resulting in 14.72 acre-feet of water lost with the product. <br />5. Total consumption at the W,W. Farms Expansion Pit must not exceed the aforementioned <br />amounts unless an amendment is made to this plan. <br />6. 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. If it is anticipated that the total surface area <br />exposed will exceed those amounts, an amendment will need to be filed with this office <br />prior to such expansion. <br />7. All pumping for dust control shall be measured in a manner acceptable to the Division <br />Engineer. <br />8. 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. The release of replacement water may be aggregated to maximize <br />beneficial use. The water commissioner and/or the division engineer shall determine the rate <br />and timing of an aggregated release. <br />9. Replacement water is to be supplied by the 2.5 Whitney Ditch shares and excess South <br />Platte Combined Replacement Plan and will be delivered according to the schedule <br />included in this plan (see attached Table 4) subject to modification by the Division <br />Engineer or Water Commissioner. Transit losses may be modified, as determined <br />necessary, by the Division Engineer per CRS 37-80-102(7) & CRS 37-83-104. <br />10. The replacement water that is the subject of this plan cannot be sold or leased to any other <br />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. A <br />copy of this approval letter should be recorded with the County Clerk and Recorder. All <br />replacement water must be concurrent with depletions in quantity, timing, and locations. <br />11. Adequate accounting of depletions and replacements must be provided to the division <br />engineer in Greeley and the water commissioner on a monthly basis or other interval <br />acceptable to both of them. The accounting form provided with your application is subject to