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I <br />Mr. Brian Leavesley <br />June 9, 2009 <br />Conditions of Approval <br />Page 3 <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unless otherwise revoked, modified, or superseded by decree.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. The Applicant must assure that the dewatering water discharged to the Last Chance <br />Ditch is returned directly back to the St. Wain River without consumption by ditch <br />shareholders. <br />3. The total surface area of the groundwater exposed at the Lohmann Pit must not exceed <br />5.01 acres resulting in a maximum annual evaporative loss of 14.43 acre-feet. <br />4. The annual amount of water used at the operation shall not exceed 1 acre-foot for dust <br />control and the total product mined shall not exceed 200,000 tons per year below the <br />groundwater, surface resulting in 5.88 acre-feet of water lost with the product, <br />5. Total consumption at the Lohmann Pit must not exceed 21.32 acre-feet per year, unless an <br />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. <br />7. The replacement water that 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 <br />and locations. <br />8. The replacement water must be returned from the Rural Ditch to the St. Wain River <br />through a turn-out structure approved by the Water Commissioner, preferably the existing <br />farm diversion point on the ditch used to divert water to the historically irrigated lands. <br />9. 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 />10. Adequate accounting of depletions and replacement must be provided to the division <br />engineer and the water commissioner on a monthly basis or other interval acceptable to <br />both of them. The accounting form is subject to modification and approval by the division <br />engineer. All amounts shall be in acre-feet.