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r <br />'Mr. Brian Leavesley Page 3 <br />January 21, 2009 <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, 2009, <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unless otherwise revoked, modified, or superceded by decree.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 />2009. <br />2. Well permit nos. 65814-F and 57957-F were obtained in accordance with §37-90-137(2) <br />and (11), C.R.S and allow for the uses currently allowed under this SWSP. Therefore <br />new well permits are not required. <br />3. The total surface area of the groundwater exposed at the Ft. Lupton Mine must not <br />exceed 5.17 acres during the plan period. <br />4. The total amount of product mined at the Ft. Lupton Mine shall not exceed 800,000 tons <br />per year, which results in 11.77 acre-feet of water lost with product, and the amount of <br />water used for dust control during this approval period shall not exceed 1 acre-foot. <br />5. Total consumption at the pit(s) must not exceed these aforementioned amounts unless <br />an amendment is made to this plan. <br />6. Approval of this plan is for the purposes as stated herein. Any additional uses for which <br />the water may be used must first be approved by this office. Any future additional historic <br />consumptive use credit given (e.g. agricultural water transfer) for this site must consider <br />all previous credits given. <br />7. The replacement water, which is the subject of this plan, cannot be sold or leased to any <br />other entity. As a condition of subsequent renewals of this substitute water supply plan, <br />the replacement water must be appurtenant to this site until a plan for augmentation is <br />obtained. A copy of this approval letter should be recorded with the county clerk and <br />recorder, All replacement water must be concurrent with depletions in quantity, timing and <br />locations. <br />8. The name, address and phone number of the contact person who will be responsible for <br />the operation and accounting of this plan must be provided with the accounting form to <br />the division engineer and water commissioner. <br />9. 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 <br />to modification and approval by the division engineer. All amounts shall be in acre-feet. <br />10. All diversions shall be measured in a manner acceptable to the division engineer. The <br />Applicant shall install and maintain such measuring devices as required by the division <br />engineer for operation of this SWSP. <br />11. All releases of replacement water must be sufficient to cover all out of priority depletions <br />and be made under the direction and/or approval of the water commissioner. The