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Richard Raines and Sira Sartori <br />April 2, 2009 <br />Page 3 <br />Heaton Reservoir that can be released for augmentation purposes under this SWSP. The <br />monthly schedule of water releases from Heaton Reservoir to replace depletions from mining <br />Duckworth Pit for the proposed plan period is presented in Table 3. <br />Conditions of Approval <br />I hereby approve the substitute water supply plan in accordance with Section 37-90- <br />137(11), C.R.S., subject to the following conditions: <br />1. This plan is approved with an effective date of October 1, 2008 through January 31, <br />2010. If this plan will not be made absolute through a water court action by the plan's <br />expiration date, a renewal request must be submitted to this office with the statutory <br />fee by December 1, 2009. <br />2. A new well permit must be obtained for the gravel pit in accordance with Section §37-90- <br />137(2) and (11), C.R.S. before mining operations may commence. Until a gravel pit well <br />permit is approved, exposure of groundwater and other associated consumptive use are <br />prohibited. Should a new well permit be denied for any reason, approval of this substitute <br />supply plan will be cancelled. <br />3. The total surface area of the ground water exposed at the Duckworth Pit, the maximum <br />annual evaporative loss, the water used for dust control, and the water removed in <br />mined product shall not exceed those amounts presented in this plan. Should the total <br />water surface area at the pit or the amounts of water used for dust suppression or lost <br />with mined product exceed these amounts prior to the expiration date of this plan, an <br />amendment will need to be filed with this office. <br />4. The dewatering rate and quantity presented in this plan are estimated. The Applicant <br />must meter all water dewatered from the pit and all water used for dust control. As <br />meter records become available the Applicant shall update the data used to compute <br />monthly lagged depletions and replacements from dewatering. If at any time the <br />projected stream depletions show the Applicant is unable to replace all out-of-priority <br />stream depletions, the Applicant shall notify the Division Engineer and Water <br />Commissioner of the projected shortfall and describe how consumptive use at the site <br />will be reduced and/or replacements will be increased to ensure all out-of-priority <br />depletions will be replaced. <br />5. All water dewatered from the site must be discharged directly to Idaho Creek unless <br />otherwise approved by the Water Commissioner. <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. <br />7. The Water Commissioner responsible for the administration of this plan is Mr. Bob <br />Carlson, P.O. Box 380, Erie, CO 80516, phone no. (303) 438-9303. Releases from <br />Heaton Reservoir will be coordinated with Water Commissioner Shera Sumerford, <br />141725 th Avenue, Greeley, CO 80634, phone no. (970) 352-5558. The applicant shall <br />maintain daily records of all diversions, replacements, and the amount of water used <br />for each particular purpose. The applicant shall provide a report of these records to the <br />division engineer and the water commissioner on a monthly basis on a form approved