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Mr. Richard T. Raines <br />Greeley West Pit SWSP (M-77-081) <br />January 6, 2009 <br />Page 3 <br />obligation will be calculated by multiplying the 5 year running average annual farm headgate <br />deliveries of GIC direct flow water and Fossil Creek Reservoir water. The average annual river <br />headgate deliveries for the last 5 years are shown on the attached Table No. 2. The monthly <br />depletion and replacement amounts are shown on the attached Table No. 1. <br />SWSP Conditions of Approval <br />I hereby approve the proposed substitute water supply plan in accordance with §37-90- <br />137(11), C.R.S. subject to the following conditions: <br />1. This plan is approved with the 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 absolute <br />by a water court action by the plan's expiration date, a renewal request must be submitted to <br />this office with the statutory fee of $257 no later than September 15, 2009. <br />2. Due to a change in administration of evaporation from ground water exposed to the <br />atmosphere prior to 1981, pre-1981 credits will no longer be allowed for gravel pits which <br />exposed ground water to the atmosphere prior to 1981 and were actively mined on or after <br />January 1, 1981. Accordingly, evaporative depletions for such gravel pits will need to be <br />replaced from the entire surface area of the ground water exposed in the pits. In order to allow <br />owners and operators of the affected pits time to comply with this change in the administration <br />requirements, the owners and operators will have until January 1, 2010 to comply with the <br />replacement requirements. If the area included in the DRMS mining permit site contains <br />individual gravel pit ponds that were not altered or mined after December 31, 1980, you may <br />still be able to maintain the "pre-81" credit provided you can document when mining in the <br />individual ponds ceased. The Applicant is hereby notified that in accordance with the <br />above described change in administration, the evaporation from ground waterexposed <br />prior to 1981 must be replaced after January 1, 2010 in any subsequent SWSP renewal <br />for this pit. <br />3. Well permit no. 59809-F was obtained for the current use and exposed pond surface area of <br />the Greeley West Pit in accordance with §37-90-137(2) and (11), C.R.S. Applicant shall <br />comply with the terms and conditions of permit no. 59809-F. <br />4. The total surface area of the groundwater exposed after December 31, 1980 must not <br />exceed 29.7 acres, which results in an evaporative loss of 86.8 acre-feet per year. Should <br />the total consumption at the pit exceed this amount prior to the expiration date of this plan, <br />an amendment will need to be filed with this office. <br />5. Approval of this plan is for the purpose as stated herein. Any additional uses for which the <br />water may be used must first be approved by this office. Any future additional consumptive <br />use credit given (e.g. agricultural water transfer) for this site must consider all previous <br />credits given. <br />6. The water attributable to 7 shares of the Greeley Canal No. 3 must continue to be diverted in <br />priority at the ditch then measured back to the Cache La Poudre River in the vicinity of the <br />Greeley West Pit. Adequate measuring devices acceptable to the water commissioner must <br />be installed.