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Peter Foster <br />May 20, 2009 <br />Page 2 <br />through October) is 26.4 shares of Uncompahgre Valley Water User Association (UVWUA) <br />project water. All of this UVWUA interest will be dedicated to this plan. The remainder of the <br />replacement water for this pit during the non-irrigation season is a lease of fully consumable <br />water from USBR water stored in Blue Mesa Reservoir of 3 acre-feet per year. A transit loss of <br />8.9 percent has been applied to the projected depletions due to the location of the replacement <br />delivery. The monthly depletions and replacement requirements are found on the attached <br />Table 3 for the 2008 plan year and the amended Table 3 for the 2009 plan year. <br />Conditions of Approval <br />As required by Section 8 of Senate Bill 89-120, this substitute water supply plan has <br />been provided to an outside consultant for review. I hereby approve the proposed substitute <br />water supply plan in accordance with §37-90-137(11), C.R.S. subject to the following conditions: <br />1. This plan shall be valid through March 31, 2010 unless otherwise revoked or <br />modified. If this plan will not be made absolute by a water court action by the <br />plan's expiration date, a renewal request must be submitted to this office with the <br />statutory fee (currently $257) no later than 90 days prior to the expiration date. <br />2. The Applicant must provide the name, address and phone number of the person <br />who will be responsible for the operation of the plan to this office, the Division <br />Engineer, and the Water Commissioner within 20 days of the receipt of this <br />approval, and must be provided on the accounting forms submitted to the Division <br />Engineer and Water Commissioner. <br />3. Prior to operation of the gravel pit pursuant to this plan, the Applicant must obtain a <br />new well permit for the exposure of ground water and the uses described herein in <br />accordance with §37-90-137(2) and (11), C.R.S. Once a permit is obtained, the <br />Applicant must provide all follow up documentation and forms necessary to keep <br />the permit valid. The provisions of §37-90-137(2) prohibit the issuance of a permit <br />for a well to be located within 600 feet of any existing well, unless the State <br />Engineer finds that circumstances so warrant after a hearing in accordance with <br />the procedural rules in 2CCR402-5. The hearing will be waived if you are able to <br />obtain statements from the owners of all wells within 600 feet, verifying that they <br />have no objection to your use of the proposed well. Should a new well permit be <br />denied for reasons of the 600 foot spacing, or any other legitimate reason, <br />approval of this substitute supply plan will be canceled. <br />4. The water consumption and depletions associated with this mining operation must <br />not exceed those amounts listed on the attached Table 2 and amended Table 2. <br />The total area of exposed groundwater shall not exceed 6.8 acres. Documentation <br />of pond size may be required by the Division Engineer in the form of an aerial <br />photo evaluation or survey by a Professional Land Surveyor during the plan year or <br />in subsequent years covered by renewals- of this plan. Any increases in depletions <br />must be submitted to this office as an amendment to this plan. <br />5. Approval of this plan is for the purposes as stated herein. Any additional uses of <br />this water must first be approved by this office.