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Mr. Pete Foster Page 3 <br />May 1, 2009 <br />therefore; the Applicant has shown that he has adequate replacement water to cover depletions <br />at full build out with the existing lease (See Table 5.) <br />Conditions of Approval <br />I hereby approve the proposed substitute water supply plan in accordance with Section <br />37-90-137(11), C.R.S., subject to the following conditions: <br />1. This SWSP shall be valid through April 19, 2011, unless otherwise revoked, modified, or <br />superseded by decree. Should an addition SWSP be requested, such renewal request must <br />be submitted to this office with the statutory fee of $257 at least 45 days prior to the <br />expiration date of this plan. <br />2. The plan for augmentation decreed in case no. 03CW65 may not operate during the life of <br />this SWSP plan, and the replacement water assigned to that plan for augmentation will be <br />utilized under this plan. <br />3. The depletions to the Pine River associated with the gravel mining operations must not <br />exceed a total of 85.4 acre-feet for 2009 and 88.4 acre-feet for 2010, including categories of <br />consumptive use due to net evaporation from exposed groundwater, water lost in product, <br />concrete batching and dust suppression. Should the annual depletions exceed this amount <br />prior to the expiration date of this plan; an amendment will need to be filed with this office. <br />4. Lagged depletions will extend beyond the expiration of this plan. A SWSP must remain in <br />effect until such time as the existing augmentation plan is amended or a new augmentation <br />plan is obtained through Water Court. <br />5. Active mining of the site shall not exceed 28.39 acres of exposed water surface area unless <br />an amendment to this plan has been approved. <br />6. Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all ground water use must cease <br />immediately. <br />7. Adequate accounting of depletions and replacements must be provided to the Water <br />Commissioner and/or Division Engineer on a monthly basis or other interval acceptable to <br />both of them. The accounting of depletions may be in a format similar to the attached form, <br />together with a summary of monthly and cumulative data for the year to date. In any case, <br />the accounting form(s) must show, at a minimum: <br />A. The categories of consumption shown on the attached form. <br />B. The out-of-priority monthly depletions to be replaced (monthly and cumulative year- <br />to-date) <br />C. The accounting forms(s) shall be sufficient to demonstrate that the net effective <br />replacement equaled or exceeded the total out-of-priority depletions on a monthly <br />basis. All replacement water must be concurrent with depletion in quantity, timing <br />and location, except that releases aggregated at the discretion of the Division <br />Engineer or the Water Commissioner may occur in a later month than the depletions.