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Mr. Richard T. Raines Page 3 <br />Stute Pit-M81-007 and Timnath-Connell Pit-M99-050 <br />October 2, 2008 <br />total of 256.2 acre-feet were diverted into the recharge site between April 5 and June 28, 2008 <br />(Table 5). Connell Resource will divert the full farm headgate delivery of the two shares starting in <br />April 2009. Accordingly, the monthly timing of 192.59 acre-feet (full farm headgate delivery of the 2 <br />shares) was used in the recharge model to determine the recharge accretion credits for 2008. The <br />lagged accretions to the Cache la Poudre River are estimated to total 233.75 acre-feet for this <br />approval period (includes carry over from recharge in previous years). The summer and winter <br />return flow obligations from the two Box Elder Ditch shares will be maintained by this substitute <br />water supply plan. <br />The excess accretion credits associated with the recharge project involving 2.0 shares of <br />the Box Elder Ditch are also approved for replacement use in conjunction with the Applicant's two <br />new gravel pits identified as SerFerr Pit (M2008-006) and Swets Pit (M 2008-007). <br />Since this plan includes the use of a recharge site to generate recharge accretions, the <br />flow into the recharge site must be metered and equipped with a continuous flow recorder <br />unless the water commissioner, in conjunction with the division engineer, determines adequate <br />records may be kept without such equipment. If not already approved, the water commissioner <br />must approve the use of the recharge structure and the measuring devices before any credit will <br />be given for water placed into recharge. <br />A monthly breakdown of the stream depletions from the mining operation as well as the <br />replacements made by the recharge accretion credits of the Box Elder Ditch shares are shown in the <br />attached Table 1. <br />I hereby approve this substitute water supply plan, in accordance with Section 37-90-137(11), <br />C.R.S., subject to the following conditions: <br />This plan is approved with an effective date of November 1, 2008 and shall be valid through <br />October 31, 2009 unless otherwise revoked or modified. If this plan will not be made <br />absolute by a water court action by the plan's expiration date, a renewal request must be <br />submitted to this office with the statutory fee (currently $257 for each mining site) no later <br />than September 15, 2009. <br />2. The flow into the recharge site must be metered and equipped with a continuous <br />flow recorder unless the water commissioner, in conjunction with the division engineer, <br />determines adequate records may be kept without such equipment. If not already <br />approved, the water commissioner must approve the use of the recharge structure and the <br />measuring devices before any credit will be given for water placed into recharge. <br />3. The total area of pond surface exposed for each of the pits shall not exceed those values <br />listed in Table A of this approval. Should the total surface area exposed exceed those <br />amounts, an amendment to this plan will need to be filed with this office. <br />4. The total amount of ground water to be appropriated from each of the pits shall not exceed <br />the values listed in Table B of this approval.